UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7704
RUFUS LAWSON, JR.,
Plaintiff - Appellant,
v.
OFFICER WEST, Transportation; DR. NSEKENENE KOLONGO,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Robert G. Doumar, Senior District Judge. (2:17-cv-00404-RGD-RJK)
Submitted: July 1, 2021 Decided: July 9, 2021
Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Rufus Lawson, Jr., Appellant Pro Se. Jeff W. Rosen, PENDER & COWARD, PC, Virginia
Beach, Virginia; Grace Morse-McNelis, SANDS ANDERSON, PC, Richmond, Virginia,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rufus Lawson, Jr., seeks to appeal the district court’s order granting summary
judgment to Defendants in Lawson’s 42 U.S.C. § 1983 suit. 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 June 6, 2019. Lawson filed the notice of
appeal on November 9, 2020. * Because Lawson failed to file a timely notice of appeal or
to obtain an extension or reopening of the appeal period, we dismiss the appeal. We grant
Lawson’s motions to amend/correct and deny his motion for subpoenas. 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
*
For the purpose of this appeal, we assume that the postmark date appearing on the
envelope containing the notice of appeal is the earliest date Lawson could have delivered
the undated notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1);
Houston v. Lack, 487 U.S. 266, 276 (1988).
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