Dianne Michele Carter v. Hawthorne Management Company, Inc.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-2213
DIANNE MICHELE CARTER,
Plaintiff - Appellant,
v.
HAWTHORNE MANAGEMENT COMPANY, INC.,
Defendant - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Frank D. Whitney, District Judge. (3:20-cv-00684-FDW-DSC)
Submitted: March 24, 2022 Decided: March 28, 2022
Before MOTZ, WYNN, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Dianne Michele Carter, Appellant Pro Se. Jeffrey Brandt Kuykendal, MCANGUS,
GOUDELOCK & COURIE, LLC, Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Dianne Michele Carter seeks to appeal the district court’s orders dismissing her civil
complaint and denying her motion for reconsideration. 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 dismissal order on August 3, 2021, and its order
denying reconsideration on September 17, 2021. Carter filed the notice of appeal on
October 22, 2021. Because Carter 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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