COLEMAN v. MILLER (2018)

Darian Antonio Coleman appeals the district court's orders: (1) adopting the magistrate judge's recommendation and granting summary judgment in favor of Defendants; (2) denying Coleman's belatedly-filed Fed. R. Civ. P. 59(e) motion; and (3) denying Coleman's motion for an extension of time to file a notice of appeal. 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).

Although Coleman filed a motion for an extension of time to file his notice of appeal, the district court correctly denied that motion as untimely. We therefore affirm that order. The district court's order granting summary judgment was entered on August 3, 2016, and its order denying Coleman's untimely Rule 59(e) motion was entered on December 19, 2016. Coleman did not file his notice of appeal until March 25, 2017, at the earliest. Because Coleman failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we lack jurisdiction to consider the propriety of either the August 3 or December 19 orders.

Accordingly, we deny Coleman's motion to clarify the record, affirm the district court's order denying an extension of time to file a notice of appeal, and dismiss the remainder of Coleman's 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.

AFFIRMED IN PART, DISMISSED IN PART

PER CURIAM:

Affirmed in part, dismissed in part by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.