Darrel R. Fisher v. Maureen Lyons Reardon; Sarah Ralston; Judge W. Earl Britt

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6004
DARREL R. FISHER,
Plaintiff - Appellant,
v.
MAUREEN LYONS REARDON; SARAH RALSTON; JUDGE W. EARL BRITT,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James C. Dever III, District Judge. (5:21-ct-03186-D)
Submitted: August 30, 2024 Decided: October 17, 2024
Before RUSHING and BENJAMIN, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Darrel R. Fisher, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Darrel R. Fisher seeks to appeal the district court’s order directing the clerk not to
accept further filings other than a notice of appeal in Fisher’s previously dismissed civil
action. We remanded this case to the district court for the limited purpose of determining
when Fisher filed his notice of appeal. Fisher v. Reardon, No. 23-6004, 2023 WL 6830155
(4th Cir. Oct. 17, 2023). On remand, the district court found that Fisher filed his notice of
appeal after the appeal period expired. Because the district court’s finding is not clearly
erroneous, we dismiss this appeal for lack of jurisdiction.
When the United States or its officer or agency is a party in a civil case, the notice
of appeal must be filed no more than 60 days after the entry of the district court’s final
judgment or order, Fed. R. App. P. 4(a)(1)(B), 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 September 12, 2022, and the appeal period
expired on November 14, 2022.∗ Fisher filed the notice of appeal on December 18, 2022.
Because Fisher failed to file a timely notice of appeal or to obtain an extension or reopening
of the appeal period, we dismiss the appeal.
∗ Because the sixtieth day fell on Friday, November 11, which was Veteran’s Day,
the appeal period ended on the following Monday, November 14. See Fed. R. App.
P. 26(a)(1)(C).

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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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