Michael Frasier v. Dr. J. Alden

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7160
MICHAEL FRASIER,
Plaintiff - Appellant,
v.
DR. J. ALDEN,
Defendant - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Florence.
Donald C. Coggins, Jr., District Judge. (4:21-cv-00031-DCC)
Submitted: June 13, 2024 Decided: June 17, 2024
Before RUSHING and HEYTENS, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Michael Frasier, Appellant Pro Se. Michael Charles Tanner, MICHAEL C. TANNER
LAW OFFICE, Bamberg, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael Frasier seeks to appeal the district court’s order accepting the magistrate
judge’s recommendation and granting summary judgment in favor of Defendant Dr. J.
Alden in Frasier’s 42 U.S.C. § 1983 action. 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 September 28, 2023, and the appeal period
expired on October 30, 2023. Frasier filed the notice of appeal on November 16, 2023.
Because Frasier 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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