James Vecchione v. Option One Mortgage Corporation; U.s. Bank National Association

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1280
JAMES VECCHIONE,
Plaintiff – Appellant,
v.
OPTION ONE MORTGAGE CORPORATION; U.S. BANK NATIONAL
ASSOCIATION,
Defendants – Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Chief District Judge. (1:09-cv-00380-JAB-PTS)
Submitted: June 1, 2010 Decided: June 10, 2010
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Vecchione, Appellant Pro Se. Jason Kenneth Purser,
SHAPIRO & INGLE LLP, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
James Vecchione seeks to appeal the district court’s
order denying his motion to vacate the court’s previous order
accepting the recommendation of the magistrate judge and
granting Defendants’ motion to remand. 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 February 3, 2010. The notice of appeal was filed on March 8,
2010. Because Vecchione 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 dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before the court and argument would not aid the decisional
process.
DISMISSED

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