Khammesherma Smith v. DR. ALLEN, Medical Team - Psychiatrist

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6594
KHAMMESHERMA SMITH,
Plaintiff - Appellant,
v.
DR. ALLEN, Medical Team - Psychiatrist; DR. FURNESS, Medical Team - Doctor;
MEDICAL CLINICIAN, Intake Physician/Inmate Evaluation; LIEUTENANT
DALTON, C.I.T. & Intake,
Defendants - Appellees.
No. 23-6595
KHAMMESHERMA SMITH,
Plaintiff - Appellant,
v.
UNKNOWN INMATE IN ROOM 63, at Kershaw Correctional Inst Cypress
Building; UNKNOWN INMATE IN ROOM 13, at Kershaw Correctional Inst
Cypress Building; UNKNOWN INMATE IN ROOM 14, at Kershaw Correctional
Inst Cypress Building,
Defendants - Appellees.
No. 23-6596

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KHAMMESHERMA SMITH,
Plaintiff - Appellant,
v.
DEPUTY WARDEN PALMER, In Official Capacity; SERGEANT HESTER, In
Official Capacity; SERGEANT SALAZAAR, In Official Capacity; LIEUTENANT
PERKS, In Official Capacity,
Defendant - Appellees.
No. 23-6608
KHAMMESHERMA SMITH,
Plaintiff - Appellant,
v.
DIRECTOR BRIAN, SC Department of Corrections,
Defendant - Appellee.
No. 23-6615
KHAMMESHERMA SMITH,
Plaintiff - Appellant,
v.
KIRKLAND, General Manager; UNKNOWN 1, General Manager; UNKNOWN 2,
General Manager,
Defendants - Appellees.

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Appeals from the United States District Court for the District of South Carolina, at
Greenville. Richard Mark Gergel, District Judge; Henry M. Herlong, Jr., Senior District
Judge. (6:22-cv-02935-HMH; 6:22-cv-04330-HMH; 6:22-cv-02385-RMG; 6:22-cv-
03176-HMH; 6:22-cv-02796-HMH)
Submitted: September 12, 2023 Decided: November 2, 2023
Before RICHARDSON and RUSHING, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Khammesherma Smith, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In each of these consolidated appeals, Khammesherma Smith, a South Carolina
inmate and district court three-striker, has filed a late notice of appeal. We have “an
independent obligation to verify the existence of appellate jurisdiction.” Porter v. Zook,
803 F.3d 694, 696 (4th Cir. 2015) (internal quotation marks omitted). “[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). A notice of appeal in a civil case in which the United States or its
officer or agency is not a party must be filed no more than 30 days after the entry of the
district court’s final judgment or order, 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). See 28 U.S.C. § 2107.
Here, because none of Smith’s notices of appeal were filed within 30 days of the
entry of the relevant district court order, and because the district court did not extend or
reopen the appeal periods, we dismiss the appeals for lack of jurisdiction. We deny as
moot Smith’s motions for leave to proceed without prepayment of fees under the Prison
Litigation Reform Act. 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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