Haiyan Lin v. Rusty Brown, d/b/a American Auto Sales

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-2197
HAIYAN LIN,
Plaintiff - Appellant,
v.
RUSTY BROWN, d/b/a American Auto Sales,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:22-cv-03740-JFA)
Submitted: April 10, 2025 Decided: April 14, 2025
Before WILKINSON and RUSHING, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Haiyan Lin, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Haiyan Lin seeks to appeal the district court’s order denying Lin’s motion to
reconsider after the district court dismissed Lin’s complaint 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 October 22, 2024, and the appeal period
expired on November 22, 2024. Lin filed the notice of appeal on December 2, 2024.
Because Lin 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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