Michael Johnson v. Marian Fogan; Scott Moran

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6771
MICHAEL JOHNSON,
Plaintiff - Appellant,
v.
MARIAN FOGAN; SCOTT MORAN,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Stephanie A. Gallagher, District Judge. (1:21-cv-02570-SAG)
Submitted: October 8, 2024 Decided: January 13, 2025
Before THACKER, QUATTLEBAUM, and BENJAMIN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Johnson, Appellant Pro Se. Christopher A. Gozdor, OFFICE OF THE
ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael Johnson seeks to appeal the district court’s order dismissing his 42 U.S.C.
§ 1983 complaint for failure to state a claim. We previously remanded this case for the
limited purpose of allowing the district court to determine when Johnson filed his notice
of appeal. We now 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 27, 2023, and the appeal period expired
on July 27, 2023. Johnson filed the notice of appeal on August 2, 2023. Because Johnson
failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal
period, we dismiss the appeal. We also deny Johnson’s motion for a new trial.
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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