Curtis Moorer v. Mr. Luthi

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-1762 CURTIS GLENN MOORER, a/k/a Curtis G. Moorer, Plaintiff - Appellant, v. MR. LUTHI, New Carolina Mortgage; CHRISTOPHER EDWARDS, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. R. Bryan Harwell, District Judge. (6:15-cv-01921-RBH) Submitted: December 17, 2015 Decided: December 21, 2015 Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Curtis Glenn Moorer, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Curtis Glenn Moorer seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and dismissing Moorer’s complaint for lack of subject-matter jurisdiction. 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 May 29, 2015. Moorer filed the notice of appeal on July 7, 2015. Because Moorer 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 this court and argument would not aid the decisional process. DISMISSED 2