UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-2297
GEORGE W. BLACKWELL, SR.,
Plaintiff - Appellant,
v.
PAULA Y. SMITH, Dr.; PHILLIP STOVER, M.D.; BOYD BENNETT;
THEODIS BECK; KENNETH TEAGUE; TONY SMITH,
Defendants - Appellees,
and
SHANG-HSIEN STANLEY YUAN; RICK ANDERSON; FMCU,
Defendants.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Graham C. Mullen,
Senior District Judge. (1:08-cv-00526-GCM)
Submitted: April 29, 2010 Decided: May 3, 2010
Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
George W. Blackwell, Sr., Appellant Pro Se. Yvonne Bulluck
Ricci, Assistant Attorney General, Raleigh, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
George W. Blackwell, Sr., seeks to appeal the district
court’s order dismissing his civil action. ∗ We dismiss the
appeal for lack of jurisdiction because the notice of appeal was
not timely filed.
Parties are accorded thirty days after the entry of
the district court’s final judgment or order to note an appeal,
Fed. R. App. P. 4(a)(1)(A), unless the district court extends
the appeal period under Fed. R. App. P. 4(a)(5), or reopens the
appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely
filing of a notice of appeal in a civil case is a jurisdictional
requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007).
The district court’s judgment was entered on the
docket on October 8, 2009. The notice of appeal was filed on
November 10, 2009. Because Blackwell failed to file a timely
notice of appeal or to obtain an extension or reopening of the
appeal period, we dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
∗
Blackwell’s claims against Defendants Paula Smith, M.D.,
and Phillip Stover, M.D., were dismissed without prejudice. The
remainder of Blackwell’s claims were dismissed with prejudice.
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