Decarlos Bernard Barnes v. Jennifer Grant

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6327
DECARLOS BERNARD BARNES,
Plaintiff - Appellant,
v.
JENNIFER GRANT,
Defendant - Appellee.
Appeal from the United States District Court for the Western District of Noth Carolina, at
Asheville. Frank D. Whitney, Senior District Judge. (1:23-cv-00102-FDW)
Submitted: August 28, 2025 Decided: September 3, 2025
Before GREGORY, QUATTLEBAUM, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
DeCarlos Bernard Barnes, Appellant Pro Se. Caitlin Tellechea Augerson, WOMBLE
BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
DeCarlos Bernard Barnes seeks to appeal the district court’s order granting the
Defendant’s motion for summary judgment on Barnes’s 42 U.S.C. § 1983 complaint
alleging deliberate indifference to his serious medical needs. 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 November 5, 2024 and the appeal period
expired on December 5, 2024. Barnes filed the notice of appeal on April 16, 2025. *
Because Barnes failed to file a timely notice of appeal or to obtain an extension or
reopening of the appeal period, we dismiss the appeal.
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 Barnes 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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