Nelson Bruce v. Bank of America, N.A., No. 22-1578 (4th Cir. 2023)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-1578 NELSON L. BRUCE, Plaintiff - Appellant, v. BANK OF AMERICA, N.A., a/k/a Bank of America, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Bruce H. Hendricks, District Judge. (2:19-cv-03456-BHH) Submitted: May 5, 2023 Decided: August 31, 2023 Before THACKER, QUATTLEBAUM, and RUSHING, Circuit Judges. Dismissed by unpublished per curiam opinion. Nelson L. Bruce, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Nelson L. Bruce appeals the district court’s order denying relief on his Fed. R. Civ. P. 59(d), (e) motion. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. To appeal an order disposing of a Rule 59 motion, a party must file a notice of appeal within the time prescribed by Fed. R. App. P. 4—here, 30 days. Fed. R. App.. P. 4(a)(1)(A), (a)(4)(B)(ii). “[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 April 20, 2022, and Bruce filed his notice of appeal 34 days later, on May 24, 2022. Because Bruce failed to file a timely notice of appeal, we dismiss the appeal for lack of jurisdiction. 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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