Michael Aletum v. Kelly Service Staffing Agency

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-1646 MICHAEL ALETUM, Plaintiff - Appellant, v. KELLY SERVICE STAFFING AGENCY, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. George L. Russell, III, District Judge. (1:19-cv-01973-GLR) Submitted: October 22, 2020 Decided: November 10, 2020 Before FLOYD and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael Aletum, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Michael Aletum seeks to appeal the district court’s order dismissing his suit without prejudice for failure to comply with a court order. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. In civil cases, parties have 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 entered its order on May 5, 2020. Aletum filed the notice of appeal on June 10, 2020. Because Aletum 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