Ezekiel Cox v. Dr. Nwaokoha, No. 23-6858 (4th Cir. 2023)

 Annotate this Case
Download PDF
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-6858 EZEKIEL J. COX, Plaintiff - Appellant, v. DR. NWAOKOHA; LARRY EDMONDS, Warden; BOWELS, Assistant Warden; MS. HOVER, RN; MRS. CLEMENTS, Head RN; MS. LAWRENCE, RN; MR. BENJAMIN DEMPSEY, IPM; DR. IQBAL, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Henry E. Hudson, Senior District Judge. (3:19-cv-00111-HEH-EWH) Submitted: December 19, 2023 Decided: December 27, 2023 Before HARRIS, QUATTLEBAUM, and BENJAMIN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ezekiel J. Cox, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Ezekiel Cox seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 action without prejudice for failure to prosecute. 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 June 7, 2021. Cox filed the notice of appeal on August 28, 2023. Because Cox 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

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.