Gilchrist v. Kelley

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1643 GEORGIA L. GILCHRIST, Plaintiff – Appellant, and MARIKA G. MATTHEWS, Plaintiff, v. MICHAEL KELLEY, Defendant – Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:09- cv-00470-RWT) Submitted: September 28, 2010 Decided: October 1, 2010 Before WILKINSON, SHEDD, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Georgia L. Gilchrist, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Georgia L. Gilchrist seeks to appeal the district court’s order dismissing without prejudice her civil complaint. 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 order was entered on the docket on April 20, 2009. The notice of appeal was filed on June 7, 2010. Because Gilchrist failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny Gilchrist’s motion to appoint counsel and 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 2