Filed: Sep. 03, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6726 STEVEN C. BROWN, a/k/a Steven Cory Brown, Plaintiff - Appellant, v. WILLIE L. EAGLETON, Warden, all sued in their official capacity respectfully; ROBIN K. CHAVIS, Associate Warden, all sued in their official capacity respectfully; JAMES BETHEA, Classification Worker, all sued in their official capacity respectfully; ARGIE GRAVES, Grievance Clerk, all sued in their official capacity respectfully, Defendants - Appellees.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6726 STEVEN C. BROWN, a/k/a Steven Cory Brown, Plaintiff - Appellant, v. WILLIE L. EAGLETON, Warden, all sued in their official capacity respectfully; ROBIN K. CHAVIS, Associate Warden, all sued in their official capacity respectfully; JAMES BETHEA, Classification Worker, all sued in their official capacity respectfully; ARGIE GRAVES, Grievance Clerk, all sued in their official capacity respectfully, Defendants - Appellees. ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6726
STEVEN C. BROWN, a/k/a Steven Cory Brown,
Plaintiff - Appellant,
v.
WILLIE L. EAGLETON, Warden, all sued in their official
capacity respectfully; ROBIN K. CHAVIS, Associate Warden,
all sued in their official capacity respectfully; JAMES
BETHEA, Classification Worker, all sued in their official
capacity respectfully; ARGIE GRAVES, Grievance Clerk, all
sued in their official capacity respectfully,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. David C. Norton, District Judge.
(8:13-cv-00674-DCN)
Submitted: August 28, 2014 Decided: September 3, 2014
Before WILKINSON, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Steven C. Brown, Appellant Pro Se. James Victor McDade, DOYLE,
O’ROURKE, TATE & MCDADE, PA, Anderson, South Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Steven C. Brown seeks to appeal the district court’s
order adopting the magistrate judge’s recommendation to dismiss
his 42 U.S.C. § 1983 (2012) action against Defendants. Brown
has also filed a motion for appointment of counsel. We deny
Brown’s motion for appointment of counsel and dismiss the appeal
for lack of jurisdiction.
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 judgment was entered on the
docket on November 22, 2013. Brown filed his notice of appeal
on May 6, 2014. * Accordingly, Brown’s notice of appeal is
untimely. Although Brown suggests that he timely filed a notice
of appeal soon after receiving notice of the district court’s
dismissal order, Brown provides no proof that his notice of
appeal was timely filed. Moreover, Brown’s May 6, 2014 notice
of appeal cannot satisfy the requirements for a motion for
*
Houston v. Lack,
487 U.S. 266, 270 (1988).
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extension or a reopening of the appeal period and, thus, it will
not be construed as such. See Fed. R. App. P. 4(a)(5), (a)(6).
Based on the foregoing, we deny Brown’s motion for
appointment of counsel and dismiss the appeal for lack of
jurisdiction. 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
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