Christopher Hickson v. Officer Stewart, No. 16-6755 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-6755 CHRISTOPHER HICKSON, Plaintiff - Appellant, v. OFFICER JOHN STEWART, individually and in his official capacity as a Lake City Police Officer; OFFICER SANDY THOMPSON, individually and in his official capacity as a Lake City Police Officer; OFFICER KEVIN COOK, individually and in his official capacity as a Lake City Police Officer; CHIEF OF POLICE BILLY BROWN, individually and his official capacity as the former and/or present Chief of Police of the Lake City Police Department; CHIEF OF POLICE JODY COOPER, individually and her official capacity as the former and/or present Chief of Police of the Lake City Police Department; THE CITY OF LAKE CITY, Defendants - Appellees, and THE LAKE CITY POLICE DEPARTMENT; ABC INSURANCE COMPANY, Defendants. Appeal from the United States District Court for the District of South Carolina, at Florence. Cameron McGowan Currie, Senior District Judge. (4:15-cv-02433-CMC) Submitted: July 28, 2016 Before MOTZ and Circuit Judge. HARRIS, Decided: Circuit Judges, and August 2, 2016 DAVIS, Senior Dismissed by unpublished per curiam opinion. Christopher Hickson, Appellant Pro Se. Walker Heinitsh Willcox, WILLCOX BUYCK & WILLIAMS, PA, Florence, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 PER CURIAM: Christopher Hickson seeks to appeal the district court’s order adopting in part the recommendation of the magistrate judge, granting summary judgment to Appellees, and dismissing his civil action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties district are court’s accorded final 30 days judgment or after order the to entry note of an the 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 April 26, 2016. The notice of appeal was filed on June 2, 2016. Because Hickson failed to file a timely notice of appeal or to obtain an extension dismiss the appeal. facts and materials legal before or reopening of the appeal period, we We dispense with oral argument because the contentions are adequately this and argument court presented would not in the aid the decisional process. DISMISSED 3
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