HALLMAN WARNER v. BLUEFIELD STATE COLLEGE WV (2018)

Shelia Hallman-Warner and Roscoe Oliver Warner seek to appeal the district court's order adopting the magistrate judge's recommendation and dismissing their civil complaint. 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 judgment was entered on March 13, 2018. The notice of appeal was filed on April 13, 2018. Because Appellants 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

FOOTNOTES

FOOTNOTE.   Appellants also failed to file specific objections to the magistrate judge's recommendation. See Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985) (noting failure to file specific objections to magistrate judge's report waives appellate review).

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.