Demetrius Smalls v. J C Nicholson, No. 15-6123 (4th Cir. 2015)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6123 DEMETRIUS JAROD SMALLS, Plaintiff – Appellant, v. J C NICHOLSON; IRA GROSSMAN, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Richard Mark Gergel, District Judge. (2:14-cv-03215-RMG) Submitted: June 18, 2015 Decided: June 22, 2015 Before SHEDD, DUNCAN, and AGEE, Circuit Judges. Dismissed by unpublished per curiam opinion. Demetrius Jarod Smalls, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Demetrius Jarod Smalls seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying Smalls’ action filed under 42 U.S.C. § 1983 (2012). We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded 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’s order was entered on the docket on September 29, 2014. January 22, 2015. * The notice of appeal was filed on Because Smalls 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 * For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988). 2 in the materials before this court and argument would not aid the decisional process. DISMISSED 3

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