Bruce Riley Bey v. Peter Becker

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6954
BRUCE RILEY BEY,
Plaintiff - Appellant,
v.
PETER BECKER; TIMOTHY BAXLEY; MARCIA FRYE; KEVIN SHWEDO;
ANTHONY DENNIS; SGT. MICHAEL BUCHANAN, Sumter County Deputy;
OFFICER S. BALLARD, Clarendon County Deputy; SUMTER COUNTY
DETENTION CENTER; SOUTH CAROLINA LAW ENFORCEMENT; BRIAN
KEITH GRIFFEN; GENERAL SESSION COURT; JAMES E. CAMPBELL, Clerk
of Court; CLARENDON COUNTY DETENTION CENTER; JORDAN T. SMITH,
Patrolman; S.C. HIGHWAY PATROL, Florence County; FLORENCE COUNTY
MAGISTRATE COURT; CPL F. MELENDEZ; TROOP 1 SC HIGHWAY
PATROL; SUMTER COUNTY MAGISTRATE COURT; SUMTER COUNTY
CLERK OF COURT, General Sessions; CLARENDON COUNTY MAGISTRATE
COURT,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Florence.
Sherri A. Lydon, District Judge. (4:22-cv-01239-SAL)
Submitted: January 17, 2023 Decided: January 20, 2023
Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.

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Bruce Riley Bey, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Bruce Riley Bey seeks to appeal the district court’s order dismissing his civil action
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 June 28, 2022. Bey filed the notice of appeal
on August 18, 2022. Because Bey 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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