Jill N. Waskey v. Monica H. Leslie; Family Court of Haywood County, North Carolina

22-1016Court of Appeals for the Fourth CircuitMay 27, 2022

Full text

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1016
JILL N. WASKEY,
Plaintiff - Appellant,
v.
MONICA H. LESLIE; FAMILY COURT OF HAYWOOD COUNTY, NORTH
CAROLINA,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Asheville. Max O. Cogburn, Jr., District Judge. (1:21-cv-00189-MOC-WCM)
Submitted: May 24, 2022 Decided: May 27, 2022
Before NIEMEYER, KING, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jill N. Waskey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jill N. Waskey seeks to appeal the district court’s orders dismissing Waskey’s civil
complaint without prejudice and denying what the court construed as a Fed. R. Civ. P.
60(b) motion. 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 dismissing Waskey’s complaint on September 9,
2021, and entered its order denying Waskey’s Rule 60(b) motion on October 29, 2021.
Waskey filed the notice of appeal on January 3, 2022. Because Waskey 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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