UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-7567
THOMAS F. ALSTON,
Plaintiff – Appellant,
v.
JOHN DOE; BOBBY SHEARIN, Warden; K. HILL-PEAY, Doc. Hq.
Arp/IGP Coordinator; J. MICHAEL STOUFFER, Commissioner,
Defendants – Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:10-cv-02273-RDB).
Submitted: January 18, 2011 Decided: January 28, 2011
Before NIEMEYER, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas F. Alston, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Alston seeks to appeal the district court’s
order dismissing his 42 U.S.C. § 1983 (2006) complaint for
failure to state a claim. 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 August 24, 2010. The notice of appeal was filed on October
10, 2010. * Because Alston 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
*
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date if could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
2
in the materials before the court and argument would not aid the
decisional process.
DISMISSED
3