Matthew Barreto v. WesBanco, Inc., No. 22-1100 (4th Cir. 2022)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-1100 MATTHEW A. BARRETO, Plaintiff - Appellant, v. WESBANCO, INC., Defendant - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Wheeling. John Preston Bailey, District Judge. (5:21-cv-00129-JPB-JPM) Submitted: April 26, 2022 Decided: April 29, 2022 Before AGEE and THACKER, Circuit Judges, and FLOYD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Matthew A. Barreto, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Matthew A. Barreto seeks to appeal the district court’s order dismissing his civil complaint 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 December 16, 2021. Barreto filed the notice of appeal on February 2, 2022. Because Barreto 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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