Ronnie CLARKE, Plaintiff - Appellant, v. PETERSBURG CITY PUBLIC SCHOOLS, et al, Defendant - Appellee.
Decided: December 20, 2018
Before AGEE, THACKER, and HARRIS, Circuit Judges.
Ronnie Clarke, Appellant Pro Se.
Ronnie Clarke seeks to appeal the district court's orders dismissing as frivolous, fanciful, and delusional Clarke's complaint against Petersburg City Public Schools, and denying his motion for preliminary relief. 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 were entered on the docket on July 17, 2018. The notice of appeal was filed on August 20, 2018. Because Clarke failed to file a timely notice of appeal or 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Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.