Ronald L. Tuck v. Masonic Eastern Star Home of N.c., d/b/a Whitestone Retirement Community

16-1058Court of Appeals for the Fourth CircuitMay 20, 2016

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-1058
RONALD L. TUCK,
Plaintiff - Appellant,
v.
MASONIC EASTERN STAR HOME OF N.C., d/b/a Whitestone
Retirement Community; LIFE CARE SERVICES LLC,
Defendants - Appellees.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Catherine C. Eagles,
District Judge. (1:15-cv-00684-CCE-JLW)
Submitted: May 18, 2016 Decided: May 20, 2016
Before SHEDD, DIAZ, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronald L. Tuck, Appellant Pro Se. Michael Douglas McKnight,
OGLETREE DEAKINS NASH SMOAK & STEWART, PC, Raleigh, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Ronald L. Tuck seeks to appeal the district court’s order
dismissing his civil action alleging employment discrimination.
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
December 14, 2015. The notice of appeal was filed 31 days
later, on January 14, 2016. Because Tuck 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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