Tevin J. Brevard v. JENNIFER JIMENEZ, Officer for HRRJ

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7094
TEVIN J. BREVARD,
Plaintiff - Appellant,
v.
JENNIFER JIMENEZ, Officer for HRRJ; DAVID HACKWORTH, Superintendent;
M. A. MOORE, Sheriff of Portsmouth, VA,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. John A. Gibney, Jr., Senior District Judge. (3:18-cv-00840-JAG-RCY)
Submitted: June 25, 2024 Decided: June 27, 2024
Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Tevin J. Brevard, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tevin J. Brevard seeks to appeal the district court’s order dismissing his 42 U.S.C.
§ 1983 action without prejudice for failure to prosecute. 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 January 10, 2020, and the appeal period
expired on February 10, 2020. Brevard filed the notice of appeal on October 4, 2023.*
Because Brevard 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
* For the purpose of this appeal, we assume that the postmark date appearing on the
envelope containing the notice of appeal is the earliest date Brevard could have delivered
the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v.
Lack, 487 U.S. 266, 276 (1988).

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