Filed: Sep. 26, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-1642 ROBERT J. MORGAN, Plaintiff - Appellant, v. BRITTANY WOODS HOMEOWNER’S ASSOCIATION, INC.; TALIS MANAGEMENT, LLC, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:18-cv-00291-D) Submitted: September 24, 2019 Decided: September 26, 2019 Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judg
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-1642 ROBERT J. MORGAN, Plaintiff - Appellant, v. BRITTANY WOODS HOMEOWNER’S ASSOCIATION, INC.; TALIS MANAGEMENT, LLC, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:18-cv-00291-D) Submitted: September 24, 2019 Decided: September 26, 2019 Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-1642
ROBERT J. MORGAN,
Plaintiff - Appellant,
v.
BRITTANY WOODS HOMEOWNER’S ASSOCIATION, INC.; TALIS
MANAGEMENT, LLC,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:18-cv-00291-D)
Submitted: September 24, 2019 Decided: September 26, 2019
Before WYNN and HARRIS, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert J. Morgan, Appellant Pro Se. Philip Alan Collins, BAILEY & DIXON, Raleigh,
North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert J. Morgan seeks to appeal the district court’s order granting Defendants’
motion for judgment on the pleadings in his civil 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 May 14, 2019. The notice
of appeal was filed on June 14, 2019, one day late. See Fed. R. App. P. 26(a)(1). Because
Morgan 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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