Rhonda Jones v. A. Catoggia

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-6185 RHONDA K. JONES, Plaintiff ─ Appellant, v. A. J. CATOGGIA, OFC; RICHMOND POLICE, Defendants ─ Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:10-cv-1042-AJT-TRJ) Submitted: June 16, 2011 Decided: June 20, 2011 Before NIEMEYER and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Rhonda K. Jones, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rhonda K. Jones seeks to appeal the district court’s order dismissing her 42 U.S.C. § 1983 (2006) and state law tort claims. 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 January 3, 2011. The notice of appeal was filed on February 7, 2011. Because Jones 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