UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-2201
GARRY SANDERS,
Plaintiff - Appellant,
v.
JOHN ELUWA; WAKE COUNTY PUBLIC DEFENDER,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Malcolm J. Howard, Senior District Judge. (5:14-cv-00498-H)
Submitted: June 8, 2021 Decided: July 7, 2021
Before GREGORY, Chief Judge, DIAZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Garry Sanders, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Garry Sanders seeks to appeal the district court’s order denying his motion to reopen
his closed civil case as a hate crime. 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 September 18, 2020. Sanders filed the notice
of appeal on October 26, 2020. Because Sanders 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
materials before this court and argument would not aid the decisional process.
DISMISSED
2