Keith Seward v. Dr. James Riddle, (4th Cir. 2011)

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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-2059

KEITH SEWARD,

Plaintiff - Appellant,

v.

DR. JAMES RIDDLE, St Dir of Mental Health; DIR. JOHN H.

MAGILL,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. Cameron McGowan Currie, District

Judge. (3:11-cv-00911-CMC)

Submitted: November 15, 2011 Decided: November 17, 2011

Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Keith Seward, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Keith Seward seeks to appeal the district court's order adopting the magistrate judge's report and recommendation and dismissing his complaint without prejudice. 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 (2007).

The district court's order was entered on the docket on June 2, 2011. The notice of appeal was filed on September 26, 2011. Because Seward 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 the court and argument would not aid the decisional process.

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