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24-6135•Joshua Colonna Jones v. Tony Lawson; Frederick City Police Department
24-6135Court of Appeals for the Fourth CircuitJun 28, 2024
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-6135
JOSHUA COLONNA JONES,
Plaintiff - Appellant,
v.
TONY LAWSON; FREDERICK CITY POLICE DEPARTMENT,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Lydia Kay Griggsby, District Judge. (1:22-cv-00172-LKG)
Submitted: June 25, 2024 Decided: June 28, 2024
Before RICHARDSON and QUATTLEBAUM, Circuit Judges, and TRAXLER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Joshua Colonna Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Joshua Colonna Jones seeks to appeal the district court’s order dismissing his 42
U.S.C. § 1983 complaint. 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 August 18, 2023, and the appeal period expired
on September 18, 2023. Jones filed the notice of appeal on February 2, 2024.* Because
Jones failed to file a timely notice of appeal or to obtain an extension or reopening of the
appeal period, we grant Appellee’s motion and dismiss the appeal as untimely.
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 date appearing on the notice of
appeal is the earliest date Jones 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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