Joshua Detherage v. MURRAY, Ex. Judge; RICHARD SMOOTHERMAW GARDNER, Ex. Judge/(DA); INGLE, DHS, CPS

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-7096
JOSHUA DETHERAGE,
Plaintiff - Appellant,
v.
MURRAY, Ex. Judge; RICHARD SMOOTHERMAW GARDNER, Ex.
Judge/(DA); INGLE, DHS, CPS,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Jamar Kentrell Walker, District Judge. (2:23-cv-00141-JKW-DEM)
Submitted: July 29, 2025 Decided: July 31, 2025
Before KING, WYNN, and BERNER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Joshua Detherage, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Joshua Detherage seeks to appeal the district court’s order dismissing without
prejudice Detherage’s 42 U.S.C. § 1983 action for improper venue. 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 May 30, 2023, and the appeal period expired
on June 29, 2023. Detherage filed the notice of appeal on November 6, 2024.* Because
Detherage 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
* For the purpose of this appeal, we assume that the postmark date appearing on the
envelope containing the notice of appeal is the earliest date Detherage could have delivered
the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v.
Lack, 487 U.S. 266, 276 (1988).

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