MORGAN v. BRITTANY WOODS HOMEOWNER ASSOCIATION INC LLC (2019)
United States Court of Appeals, Fourth Circuit.
Robert J. MORGAN, Plaintiff - Appellant, v. BRITTANY WOODS HOMEOWNER'S ASSOCIATION, INC.; Talis Management, LLC, Defendants - Appellees.
Decided: September 26, 2019
Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Robert J. Morgan, Appellant Pro Se. Philip Alan Collins, BAILEY & DIXON, Raleigh, North Carolina, for Appellees.
Robert J. Morgan seeks to appeal the district court's order granting Defendants’ motion for judgment on the pleadings in his civil action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.
Parties are accorded thirty 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 order was entered on the docket on May 14, 2019. The notice of appeal was filed on June 14, 2019, one day late. See Fed. R. App. P. 26(a)(1). Because Morgan 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Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
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