Brittany M. Tomlinson v. STATE OF NORTH CAROLINA; MICHELLE C. BALL, Clerk of Superior Court

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-1998
BRITTANY M. TOMLINSON,
Plaintiff - Appellant,
v.
STATE OF NORTH CAROLINA; MICHELLE C. BALL, Clerk of Superior Court,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:24-cv-00708-FL)
Submitted: May 1, 2026 Decided: May 14, 2026
Before NIEMEYER, AGEE, and HEYTENS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Brittany M. Tomlinson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Brittany M. Tomlinson seeks to appeal the district court’s order dismissing her civil
action pursuant to 28 U.S.C. § 1915(e)(2)(B).* We dismiss the appeal as untimely and
duplicative.
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’s judgment was entered on March 14, 2025, and the appeal period
expired on April 14, 2025. The instant notice of appeal was filed on August 22, 2025, and
is duplicative of Tomlinson’s prior appeal of the same judgment. Tomlinson v. North
Carolina, No. 25-1266, 2025 WL 2105005 (4th Cir. July 28, 2025) (affirming district
court’s judgment dismissing Tomlinson’s complaint for failure to state a claim). Because
Tomlinson’s notice of appeal is untimely and the appeal is duplicative of her prior appeal,
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
* Tomlinson has also filed motions for monetary damages, to supplement the record
and extend the time to supplement the record, and to amend or correct her complaint. We
deny all pending motions.

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