Don W. McKinney v. Commonwealth of Virginia

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-1868
DON W. MCKINNEY,
Plaintiff - Appellant,
v.
COMMONWEALTH OF VIRGINIA,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Big Stone Gap. James P. Jones,
District Judge. (2:15-cv-00013-JPJ-PMS)
Submitted: December 17, 2015 Decided: December 21, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Don W. McKinney, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Don W. McKinney seeks to appeal the district court’s order
dismissing his 42 U.S.C. § 1983 (2012) complaint. 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
June 29, 2015. The notice of appeal was filed on August 3,
2015. Because McKinney failed to file a timely notice of appeal
or to obtain an extension or reopening of the appeal period, we
dismiss the appeal and deny as moot his motion to participate in
oral argument. 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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