MELANIE MATHEWSON, Administrator for the Estate of Justin Smith v. GOVERNOR ROY ASBERRY COOPER, III, in his individual capacity

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-1106
MELANIE MATHEWSON, Administrator for the Estate of Justin Smith,
Plaintiff - Appellant,
v.
GOVERNOR ROY ASBERRY COOPER, III, in his individual capacity; REGINA
FEREBEE, in her individual capacity; ERIC A. HOOKS, in his individual capacity;
KENNETH LASSITER, in his individual capacity; GARY JUNKER, in his
individual capacity; FRANK L. PERRY, in his individual capacity; ROBERT
KALDAHL, in his individual capacity; FELIX TAYLOR, in his individual
capacity; COLBERT RESPASS, in his individual capacity; MIKEL E. BRADY, II,
in his individual capacity; WISEZAH D. BUCKMAN, in his individual capacity;
JONATHAN M. MONK, in his individual capacity; SETH J. FRAZIER, in his
individual capacity; ANNIE HARVEY, in her individual capacity; JOSEPH
HARRELL, in his individual capacity; MARQUIS BETZ, in his individual
capacity; KAREN BROWN, in her individual capacity; ROBERT LEON, in his
individual capacity; JEFFREY BAKER, in his individual capacity; LORIS
SUTTON, in her individual capacity; VIVIAN JOHNSON, in her individual
capacity; THOMAS ASHLEY, in his individual capacity; STEVEN GARDNER, in
his individual capacity; CARLTON RICHARDSON, in his individual capacity;
LEON WILLIAMS, in his individual capacity; STEPHANIE FREEMAN, in her
individual capacity; KAREN STEINOUR, in her individual capacity; JOE
PRATER, in his individual capacity; TIM MOOSE, in his individual capacity; BILL
STOVAL, in his individual capacity; JERRY CARROLL, in his individual
capacity,
Defendants - Appellees.
No. 23-1109

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ERIC DARDEN, Administrator for the Estate of Veronica Darden,
Plaintiff - Appellant,
v.
GOVERNOR ROY ASBERRY COOPER, III, in his individual capacity; REGINA
FEREBEE, in her individual capacity; ERIC A. HOOKS, in his individual capacity;
KENNETH LASSITER, in his individual capacity; GARY JUNKER, in his
individual capacity; FRANK L. PERRY, in his individual capacity; ROBERT
KALDAHL, in his individual capacity; FELIX TAYLOR, in his individual
capacity; COLBERT RESPASS, in his individual capacity; MIKEL E. BRADY, II,
in his individual capacity; WISEZAH D. BUCKMAN, in his individual capacity;
JONATHAN M. MONK, in his individual capacity; SETH J. FRAZIER, in his
individual capacity; ANNIE HARVEY, in her individual capacity; JOSEPH
HARRELL, in his individual capacity; MARQUIS BETZ, in his individual
capacity; KAREN BROWN, in her individual capacity; ROBERT LEON, in his
individual capacity; JEFFREY BAKER, in his individual capacity; LORIS
SUTTON, in her individual capacity; VIVIAN JOHNSON, in her individual
capacity; THOMAS ASHLEY, in his individual capacity; STEVEN GARDNER, in
his individual capacity; CARLTON RICHARDSON, in his individual capacity;
LEON WILLIAMS, in his individual capacity; STEPHANIE FREEMAN, in her
individual capacity; KAREN STEINOUR, in her individual capacity; JOE
PRATER, in his individual capacity; TIM MOOSE, in his individual capacity; BILL
STOVAL, in his individual capacity; JERRY CARROLL, in his individual
capacity,
Defendants - Appellees.
No. 23-1113
CURTIS R. CASPER; DANIELLE H. CASPER; D.R.C. I; D.R.C. II,
Plaintiffs - Appellants,
v.
GOVERNOR ROY ASBERRY COOPER, III, in his individual capacity; REGINA
FEREBEE, in her individual capacity; ERIC A. HOOKS, in his individual capacity;
KENNETH LASSITER, in his individual capacity; GARY JUNKER, in his

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individual capacity; FRANK L. PERRY, in his individual capacity; ROBERT
KALDAHL, in his individual capacity; FELIX TAYLOR, in his individual
capacity; COLBERT RESPASS, in his individual capacity; MIKEL E. BRADY, II,
in his individual capacity; WISEZAH D. BUCKMAN, in his individual capacity;
JONATHAN M. MONK, in his individual capacity; SETH J. FRAZIER, in his
individual capacity; ANNIE HARVEY, in her individual capacity; JOSEPH
HARRELL, in his individual capacity; MARQUIS BETZ, in his individual
capacity; KAREN BROWN, in her individual capacity; ROBERT LEON, in his
individual capacity; JEFFREY BAKER, in his individual capacity; LORIS
SUTTON, in her individual capacity; VIVIAN JOHNSON, in her individual
capacity; THOMAS ASHLEY, in his individual capacity; STEVEN GARDNER, in
his individual capacity; CARLTON RICHARDSON, in his individual capacity;
LEON WILLIAMS, in his individual capacity; STEPHANIE FREEMAN, in her
individual capacity; KAREN STEINOUR, in her individual capacity; JOE
PRATER, in his individual capacity; TIM MOOSE, in his individual capacity; BILL
STOVAL, in his individual capacity; JERRY CARROLL, in his individual
capacity,
Defendants - Appellees.
No. 23-1116
ROSA SHANNON; TAMMY SHANNON; ARNETTA SHEARD,
Plaintiffs - Appellants,
v.
GOVERNOR ROY ASBERRY COOPER, III, in his individual capacity; REGINA
FEREBEE, of Corrections Enterprise; ERIC A. HOOKS, in his individual capacity;
KENNETH LASSITER, in his individual capacity; GARY JUNKER, in his
individual capacity; FRANK L. PERRY, in his individual capacity; ROBERT
KALDAHL, of Corrections Enterprise; FELIX TAYLOR, in his individual
capacity; COLBERT RESPASS, in his individual capacity; MIKEL E. BRADY, II,
of Corrections Enterprise; WISEZAH D. BUCKMAN, of Corrections Enterprise;
JONATHAN M. MONK, of Corrections Enterprise; SETH J. FRAZIER, of
Corrections Enterprise; ANNIE HARVEY, in her individual capacity; JOSEPH
HARRELL, in his individual capacity; MARQUIS BETZ, in his individual
capacity; KAREN BROWN, of Corrections Enterprise; ROBERT LEON, of
Corrections Enterprise; JEFFREY BAKER, in his individual capacity; LORIS

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SUTTON, in her individual capacity; VIVIAN JOHNSON, in her individual
capacity; THOMAS ASHLEY, in his individual capacity; STEVEN GARDNER, in
his individual capacity; CARLTON RICHARDSON, of Corrections Enterprise;
LEON WILLIAMS, in his individual capacity; STEPHANIE FREEMAN, in her
individual capacity; KAREN STEINOUR, in her individual capacity; JOE
PRATER, in his individual capacity; TIM MOOSE, in his individual capacity; BILL
STOVAL, in his individual capacity; JERRY CARROLL, in his individual
capacity,
Defendants - Appellees.
No. 23-1117
GEORGE W. MIDGETT; SUSIE E. MIDGETT,
Plaintiffs - Appellants,
v.
GOVERNOR ROY ASBERRY COOPER, III, in his individual capacity; REGINA
FEREBEE, of Corrections Enterprise; ERIC A. HOOKS, in his individual capacity;
KENNETH LASSITER, in his individual capacity; GARY JUNKER, in his
individual capacity; FRANK L. PERRY, in his individual capacity; ROBERT
KALDAHL, of Corrections Enterprise; FELIX TAYLOR, in his individual
capacity; COLBERT RESPASS, in his individual capacity; MIKEL E. BRADY, II,
of Corrections Enterprise; WISEZAH D. BUCKMAN, of Corrections Enterprise;
JONATHAN M. MONK, of Corrections Enterprise; SETH J. FRAZIER, of
Corrections Enterprise; ANNIE HARVEY, in her individual capacity; JOSEPH
HARRELL, in his individual capacity; MARQUIS BETZ, in his individual
capacity; KAREN BROWN, of Corrections Enterprise; ROBERT LEON, of
Corrections Enterprise; JEFFREY BAKER, in his individual capacity; LORIS
SUTTON, in her individual capacity; VIVIAN JOHNSON, in her individual
capacity; THOMAS ASHLEY, in his individual capacity; STEVEN GARDNER, in
his individual capacity; CARLTON RICHARDSON, of Corrections Enterprise;
LEON WILLIAMS, in his individual capacity; STEPHANIE FREEMAN, in her
individual capacity; KAREN STEINOUR, in her individual capacity; JOE
PRATER, in his individual capacity; TIM MOOSE, in his individual capacity; BILL
STOVAL, in his individual capacity; JERRY CARROLL, in his individual
capacity,

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Defendants - Appellees.
Appeals from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, District Judge. (1:20-cv-00944-TDS-LPA; 1:20-cv-
00947-TDS-LPA; 1:20-cv-00942-TDS-LPA; 1:20-cv-00953-TDS-LPA; 1:20-cv-00941-
TDS-LPA)
Submitted: September 11, 2023 Decided: October 24, 2023
Before GREGORY and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Latrisha Chantel Cherry-Lassiter, CCL LAW OFFICE, Elizabeth City, North Carolina;
Morris Fonville McAdoo, MCADOO LORICK, PLLC, Charlotte, North Carolina, for
Appellants. Tamika Lynn Henderson, Assistant Attorney General, Stephanie A. Brennan,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
In these consolidated appeals, Melanie Mathewson, Administrator of the Estate of
Justin Smith, Eric Darden, Administrator of the Estate of Veronica Darden, Curtis R.
Casper, Danielle H. Casper, D.R.C. I, D.R.C. II, Rosa Shannon, Tammy Shannon, Arnetta
Sheard, George W. Midgett, and Susie E. Midgett (“Appellants”) seek to appeal the final
judgment entered by the district court in their 42 U.S.C. § 1983 actions. The district court
denied relief on Appellants’ claims against state and prison officials (“State Appellees”)
and several inmates (“Inmate Appellees”) that arose from an unsuccessful escape attempt,
during which deaths and injuries occurred. State Appellees have filed a consolidated
motion to dismiss the appeals as untimely. We grant the motion to dismiss and dismiss the
appeals in their entirety for lack of jurisdiction because the notices of appeal were 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), when the time
period is prescribed by statute, id. at 210-13; see Hamer v. Neighborhood Hous. Servs. of
Chi., 583 U.S. 17, 19 (2017) (stating that “a provision governing the time to appeal in a
civil action qualifies as jurisdictional only if Congress sets the time”).
The district court entered its final judgment on December 21, 2022. Appellants filed
the notices of appeal on January 23, 2023, beyond the expiration of the 30-day appeal

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period. Appellants contend in their response to State Appellees’ motion to dismiss that the
time limits in Rule 4(a) are not jurisdictional. However, except when a district court
extends the time to note an appeal pursuant to Rule 4(a)(5)(C), the time limits in Rule 4(a)
are jurisdictional because they are grounded in 28 U.S.C. § 2107(c), a statute in which
Congress established the relevant time limits. See Bowles, 551 U.S. at 211-12 (noting “the
jurisdictional distinction between court-promulgated rules and limits enacted by
Congress”); Hamer, 538 U.S. at 19 (holding nonjurisdictional Rule 4(a)(5)(C)’s limit on
length of extension of time to file notice of appeal because limit does not appear in
§ 2701(c)); Parrish v. United States, 74 F.4th 160, 162 (4th Cir. 2023) (explaining that “the
times specified by statute for filing appeals in civil actions are jurisdictional”). Because
Appellants failed to file timely notices of appeal or to obtain an extension or reopening of
the appeal period, we grant the motion to dismiss and dismiss the appeals in their entirety.*
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
* Appellant Midgett filed a motion to extend the appeal period, which the district
court denied. Midgett did not appeal that order. No other Appellant filed a motion for an
extension of time to appeal.

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