Filed: Mar. 15, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2332 WILLIE ZIMMERMAN, Plaintiff - Appellant, v. BANK OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:16-cv-02452-JFA) Submitted: March 13, 2018 Decided: March 15, 2018 Before NIEMEYER, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Willie Zimmerman, Appellant Pro S
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-2332 WILLIE ZIMMERMAN, Plaintiff - Appellant, v. BANK OF AMERICA, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:16-cv-02452-JFA) Submitted: March 13, 2018 Decided: March 15, 2018 Before NIEMEYER, KING, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Willie Zimmerman, Appellant Pro Se..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-2332
WILLIE ZIMMERMAN,
Plaintiff - Appellant,
v.
BANK OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:16-cv-02452-JFA)
Submitted: March 13, 2018 Decided: March 15, 2018
Before NIEMEYER, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Willie Zimmerman, Appellant Pro Se. Matthew Allen Fitzgerald, MCGUIREWOODS,
LLP, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Willie Zimmerman seeks to appeal the district court’s order adopting the
magistrate judge’s report and recommendation, denying his motion to amend his
complaint for a second time, granting Bank of America’s motion to dismiss, and
dismissing his complaint. 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 October 17, 2017. The
notice of appeal was filed on November 17, 2017. Because Zimmerman 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
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