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FEREBEE v. DEPARTMENT OF HUMAN RELATIONS COMMISSION (2018)

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United States Court of Appeals, Fourth Circuit.

Renee FEREBEE, Plaintiff-Appellant, v. DEPARTMENT OF HUMAN RELATIONS COMMISSION; Mr. Lyles, Defendants-Appellees.

No. 18-1293

Decided: June 25, 2018

Before DIAZ and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge. Renee Ferebee, Appellant Pro Se.

Renee Ferebee seeks to appeal the district court's order granting Defendants’ Fed. R. Civ. P. 12(b)(6) motion to dismiss Ferebee's civil 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 order was entered on the docket on February 6, 2018. The notice of appeal was filed 34 days later, on March 12, 2018. Because Ferebee 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

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

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