UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2295
ALFONZA SIMMONS,
Plaintiff - Appellant,
v.
OFFICER CRAIG SMITH,
Defendant - Appellee,
and
IAN D. MCVEY,
Trustee.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Henry M. Herlong, Jr., Senior
District Judge. (3:10-cv-00908-HMH)
Submitted: February 26, 2013 Decided: February 28, 2013
Before MOTZ, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Alfonza Simmons, Appellant Pro Se. Christy L. Scott, SCOTT &
PAYNE LAW FIRM, Walterboro, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Alfonza Simmons seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 42 U.S.C. § 1983 (2006) complaint. 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 July 19, 2012. The notice of appeal was filed on October 18,
2012. Because Simmons 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