Brown v. Prince Georges County Police Department

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-7771 JEROME JULIUS BROWN, SR., Petitioner – Appellant, v. PRINCE GEORGES COUNTY POLICE DEPARTMENT; ROBERTO HYLTON, Chief of Police; CORPORAL C. WOOD, Respondents – Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, District Judge. (1:10-cv-02845-BEL) Submitted: February 4, 2011 Decided: March 10, 2011 Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Jerome Julius Brown, Sr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jerome Julius Brown, Sr. seeks to appeal the district court’s order dismissing his 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 October 25, 2010. The notice of appeal was filed on November 30, 2010. * Because Brown 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 it could have been properly deposited in the institution’s internal mail system 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