Andre Juste v. OFFICER LAWRENCE, City of Martinsburg Police Officer

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 20-1005

ANDRE JUSTE,

Plaintiff - Appellant,

v.

OFFICER LAWRENCE, City of Martinsburg Police Officer; MARTINSBURG
POLICE DEPARTMENT; CITY OF MARTINSBURG, WEST VIRGINIA,

Defendants - Appellees.

Appeal from the United States District Court for the Northern District of West Virginia, at
Martinsburg. Gina M. Groh, Chief District Judge. (3:19-cv -00098-GMG)

Submitted: May 21, 2020 Decided: May 26, 2020

Before AGEE and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior Circuit
Judge.

Dismissed by unpublished per curiam opinion.

Andre Juste, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

2

PER CURIAM:
Andre Juste seeks to appeal the district court’s order adopting the magistrate judge’s
report and recommendation and dismissing without prejudice Juste’s civil rights complaint.
We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely
filed.
In civil cases, parties have 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 entered its order on July 31, 2019. Juste filed the notice of appeal
on December 12, 2019. Because Juste 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