Dianne G. Nickles v. Tabitha Bonita Gwynn

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-1649
DIANNE G. NICKLES,
Plaintiff - Appellant,
v.
TABITHA BONITA GWYNN,
Defendant - Appellee.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, Chief District Judge; L. Patrick Auld, Magistrate
Judge. (1:22-cv-00109-TDS-LPA)
Submitted: October 13, 2022 Decided: October 17, 2022
Before NIEMEYER and AGEE, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Dianne G. Nickles, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dianne G. Nickles seeks to appeal the magistrate judge’s text order remanding her
action to state court. 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 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 magistrate judge entered the text order on February 9, 2022. Nickles’ notice of
appeal is considered filed on June 9, 2022, when it was received by this court. Because
Nickles 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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