Malakim Ben Israel v. Joseph R. Hollingsworth

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6840
MALAKIM BEN ISRAEL,
Plaintiff – Appellant,
v.
JOSEPH R. HOLLINGSWORTH,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
Chief District Judge. (5:15-ct-03200-D)
Submitted: November 17, 2016 Decided: November 29, 2016
Before TRAXLER, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Malakim Ben Israel, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Malakim Ben Israel seeks to appeal the district court’s
order dismissing this 42 U.S.C. § 1983 (2012) action. 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
March 29, 2016. The notice of appeal is deemed filed on May 30,
2016, when Ben Israel hand-dated it. Because Ben Israel failed
to file a timely notice of appeal or to obtain an extension or
reopening of the appeal period, we dismiss the appeal. The
motion for appointment of counsel is denied. 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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