Terrell Joyner v. Karen Burrell, No. 20-6018 (4th Cir. 2020)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 20-6018 TERRELL ROSHAD JOYNER, Plaintiff - Appellant, v. KAREN JEAN BURRELL, Judge, City of Norfolk, VA; MAGISTRATE, City of Norfolk, VA; EVERETT ARMSTRONG MARTIN, JR., Judge, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, Chief Judge. (2:17-cv-00666-MSD-LRL) Submitted: May 21, 2020 Decided: May 27, 2020 Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Terrell Roshad Joyner, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Terrell Roshad Joyner seeks to appeal the district court’s order denying Joyner’s postjudgment motions. 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, 2019. Joyner filed the notice of appeal on December 23, 2019. Because Joyner 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

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