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THOMPSON v. SOUTH CAROLINA (2018)

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United States Court of Appeals, Fourth Circuit.

Tori Keon THOMPSON, Plaintiff-Appellant, v. The State of SOUTH CAROLINA; Department of Social Services, Child Support Division, Defendants-Appellees.

No. 17-2264

Decided: January 22, 2018

Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Tori Keon Thompson, Appellant Pro Se.

Tori Keon Thompson seeks to appeal the district court's order dismissing his 42 U.S.C. § 1983 (2012) complaint as barred by the Eleventh Amendment. 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 order was entered on the docket on September 20, 2017. The notice of appeal was filed on October 27, 2017. Because Thompson failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis and 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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