BURGESS v. Spartanburg City Police Department, Defendant. (2019)

Deon Jermaine Burgess seeks to appeal the district court's order adopting the magistrate judge's recommendation to grant Defendants’ motion for summary judgment in Burgess’ 42 U.S.C. § 1983 (2012) civil rights action. 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 final order was entered on the docket on November 8, 2018. Burgess’ notice of appeal was not received for filing by the district court until December 12, 2018.^* Because Burgess 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.   Because Burgess was not incarcerated when he filed the notice of appeal, Fed. R. App. P. 4(c), the so-called “prison mailbox rule,” is not applicable in this case.

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.