UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-2059
KEITH SEWARD,
Plaintiff - Appellant,
v.
DR. JAMES RIDDLE, St Dir of Mental Health; DIR. JOHN H.
MAGILL,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, District
Judge. (3:11-cv-00911-CMC)
Submitted: November 15, 2011 Decided: November 17, 2011
Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Keith Seward, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Keith Seward seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation
and dismissing his complaint without prejudice. We dismiss the
appeal for lack of jurisdiction because the notice of appeal was
not timely filed.
Parties are accorded thirty 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 June 2, 2011. The notice of appeal was filed on September
26, 2011. Because Seward 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 the court and argument would not aid the
decisional process.
DISMISSED
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