UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7152
GREGORY ALLEN GANT,
Plaintiff - Appellant,
v.
STATE OF NORTH CAROLINA,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:11-ct-03232-D)
Submitted: September 11, 2012 Decided: September 17, 2012
Before MOTZ, GREGORY, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gregory Allen Gant, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gregory Allen Gant seeks to appeal the district
court’s order dismissing his 42 U.S.C. § 1983 (2006) complaint
as untimely. We dismiss the appeal for lack of jurisdiction
because the notice of appeal was not timely filed.
Parties in cases in which the United States is not
involved 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 Gant seeks to appeal was
entered on the docket on May 31, 2012. We deem Gant’s notice of
appeal to have been filed no earlier than July 5, 2012, the date
he signed it. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487
U.S. 266 (1988). Thus, Gant’s notice of appeal was five days
late. Because Gant failed to file a timely notice of appeal or
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
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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