Filed: Sep. 04, 2013
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7029 ROBERT FLETCHER HERBERT, Plaintiff - Appellant, v. WLTX News; WIS; WOLO; STATE NEWSPAPER, THE, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (3:12-cv-03485-CMC) Submitted: August 29, 2013 Decided: September 4, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. R
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7029 ROBERT FLETCHER HERBERT, Plaintiff - Appellant, v. WLTX News; WIS; WOLO; STATE NEWSPAPER, THE, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, District Judge. (3:12-cv-03485-CMC) Submitted: August 29, 2013 Decided: September 4, 2013 Before DUNCAN, AGEE, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Ro..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7029
ROBERT FLETCHER HERBERT,
Plaintiff - Appellant,
v.
WLTX News; WIS; WOLO; STATE NEWSPAPER, THE,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Cameron McGowan Currie, District
Judge. (3:12-cv-03485-CMC)
Submitted: August 29, 2013 Decided: September 4, 2013
Before DUNCAN, AGEE, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert Fletcher Herbert, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert Fletcher Herbert seeks to appeal the district
court’s order accepting the recommendation of the magistrate
judge and dismissing his 42 U.S.C. § 1983 (2006) civil rights
action. 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 March 25, 2013. The notice of appeal was filed on June 24,
2013. * Because Herbert failed to file a timely notice of appeal
or to obtain an extension or reopening of the appeal period, we
dismiss the appeal. We deny Herbert’s motion for a transcript
at government expense and dispense with oral argument because
the facts and legal contentions are adequately presented in the
*
For the purpose of this appeal, we assume that the earlier
of the two dates in 2013 appearing on the notice of appeal is
the earliest date it could have been properly delivered to
prison officials for mailing to the court. Fed. R. App. P.
4(c); Houston v. Lack,
487 U.S. 266, 276 (1988).
2
materials before this court and argument would not aid the
decisional process.
DISMISSED
3