Barnes v. Carolinas Medical Center

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-2123 PATRICIA BARNES, Plaintiff - Appellant, v. CAROLINAS MEDICAL CENTER, Defendant - Appellee, and JAMES GREGORY; ENZO HOOPER; PHOEBIA MOYER, Defendants. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (3:02-cv-00486-RLV-DSC) Submitted: April 28, 2011 Decided: May 2, 2011 Before DAVIS, KEENAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Patricia Barnes, Appellant Pro Se. Kimberly Quade Cacheris, MCGUIREWOODS, LLP, Charlotte, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Patricia Barnes seeks to appeal the district court’s order denying her motion to permanently seal files. 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 23, 2010. The notice of appeal was filed on September 30, 2010. Because Barnes 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 2