UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6123
DEMETRIUS JAROD SMALLS,
Plaintiff – Appellant,
v.
J C NICHOLSON; IRA GROSSMAN,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Richard Mark Gergel, District
Judge. (2:14-cv-03215-RMG)
Submitted: June 18, 2015 Decided: June 22, 2015
Before SHEDD, DUNCAN, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Demetrius Jarod Smalls, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Demetrius Jarod Smalls seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying Smalls’ action filed under 42 U.S.C. § 1983 (2012). We
dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Parties are accorded 30 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
September 29, 2014. The notice of appeal was filed on
January 22, 2015. * Because Smalls 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 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 this court and argument would not aid
the decisional process.
DISMISSED
3