Jerome Garcia v. Kendra L. Dove; John Hopkins

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 26-1206
JEROME GARCIA,
Plaintiff - Appellant,
v.
KENDRA L. DOVE; JOHN HOPKINS,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Mary G. Lewis, District Judge. (3:25-cv-06624-MGL)
Submitted: March 30, 2026 Decided: April 7, 2026
Before AGEE, RICHARDSON, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jerome Garcia, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jerome Garcia seeks to appeal the district court’s order accepting the magistrate
judge’s recommendation and dismissing his 42 U.S.C. § 1983 complaint as frivolous,
pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 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 November 25, 2025, so the appeal period
expired on December 26, 2025. See Fed. R. Civ. P. 6(a)(1)(C) (excluding legal holidays).
Garcia filed his notice of appeal on February 17, 2026. Because Garcia 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

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