Ryan Anderson v. Jason Pollard

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 21-1457 RYAN ANDERSON, Plaintiff - Appellant, v. JASON W. POLLARD, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David J. Novak, District Judge. (3:20-cv-00489-DJN) Submitted: September 9, 2021 Decided: November 10, 2021 Before FLOYD, RICHARDSON, and RUSHING, Circuit Judges. Dismissed by unpublished per curiam opinion. Ryan Anderson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ryan Anderson seeks to appeal the district court’s order dismissing his civil action under 28 U.S.C. § 1915(e)(2)(B) as frivolous and for failure to state a claim upon which relief may be granted. 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 August 24, 2020. Anderson filed the notice of appeal on April 19, 2021. Because Anderson failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny the pending motion and 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