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ADAMS v. DEPARTMENT OF DEFENSE (2018)

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United States Court of Appeals, Fourth Circuit.

Charles Dereck ADAMS, Plaintiff-Appellant, v. DEPARTMENT OF DEFENSE, Defendant-Appellee.

No. 17-2383

Decided: January 22, 2018

Before GREGORY, Chief Judge, and SHEDD and HARRIS, Circuit Judges. Charles Dereck Adams, Appellant Pro Se. R. Trent McCotter, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Charles Dereck Adams seeks to appeal the district court's order denying relief on his complaint challenging the denial of his request for early retirement from the Department of Defense. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must be filed no more than 60 days after the entry of the district court's final judgment or order, Fed. R. App. P. 4(a)(1)(B), 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 29, 2017. The notice of appeal was filed on November 30, 2017. Because Adams failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant the Government's motion to 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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