UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6415
TERRY JOEL BURGESS,
Plaintiff - Appellant,
v.
BRUCE KELLY HAMM; BRENDA DUDLEY; TEZRA EGLETON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:10-ct-03170-BO)
Submitted: May 26, 2011 Decided: June 1, 2011
Before KING, SHEDD, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terry Joel Burgess, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terry Joel Burgess seeks to appeal the district
court’s order dismissing his 42 U.S.C. § 1983 complaint as
frivolous. 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 February 4, 2011. The notice of appeal was filed, at the
earliest, on March 17, 2011. * Because Burgess 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
*
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 delivered to prison officials for mailing to
the court. See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S.
266, 276 (1988).
2
adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
3