Filed: Dec. 22, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6937 BRENT W. COOK, Plaintiff – Appellant, v. MICHAEL WADE, Sheriff; YVETTE KING, Psychologist; MICHAEL THOMAS, Head of Mental Health, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:14-cv-00021-GBL-JFA) Submitted: December 17, 2015 Decided: December 22, 2015 Before DIAZ and HARRIS, Circuit Judges, and HAMILTON,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6937 BRENT W. COOK, Plaintiff – Appellant, v. MICHAEL WADE, Sheriff; YVETTE KING, Psychologist; MICHAEL THOMAS, Head of Mental Health, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Anthony John Trenga, District Judge. (1:14-cv-00021-GBL-JFA) Submitted: December 17, 2015 Decided: December 22, 2015 Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6937
BRENT W. COOK,
Plaintiff – Appellant,
v.
MICHAEL WADE, Sheriff; YVETTE KING, Psychologist; MICHAEL
THOMAS, Head of Mental Health,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Anthony John Trenga,
District Judge. (1:14-cv-00021-GBL-JFA)
Submitted: December 17, 2015 Decided: December 22, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Brent William Cook, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brent William Cook seeks to appeal the district court’s
order dismissing his 42 U.S.C. § 1983 (2012) complaint without
prejudice. 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 (2007).
The district court’s order was entered on the docket on
April 23, 2015. The notice of appeal was filed on June 16,
2015. Because Cook failed to file a timely notice of appeal or
to obtain an extension or reopening of the appeal period, we
deny leave to proceed in forma pauperis and dismiss the appeal.
We deny Cook’s motion for appointment of counsel and 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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