PHILIPS v. NORTH CAROLINA STATE NC TX NC NC (2018)

Sherif Philips seeks to appeal the district court's orders denying his Fed. R. Civ. P. 60(b) motion and his subsequent motion to reopen his case. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court's orders denying Philips’ Rule 60(b) motion and motion to reopen were entered on the docket on June 15, 2017, and August 22, 2017, respectively. The notice of appeal was filed on September 26, 2017. Because Philips 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.