Andrivia Frances Wells v. Mecklenburg County Clerk of Probate Estates

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7165
ANDRIVIA FRANCES WELLS,
Plaintiff - Appellant,
v.
MECKLENBURG COUNTY CLERK OF PROBATE ESTATES; MEMPHIS L.
SMITH, JR.; AUDRIS VERONICA FORD ASMOND,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Max O. Cogburn, Jr., District Judge. (3:23-cv-00356-MOC-SCR)
Submitted: March 28, 2024 Decided: April 2, 2024
Before KING and RUSHING, Circuit Judges, and MOTZ, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Andrivia Frances Wells, Appellant Pro Se. J.P. McGuire Boyd, Jr., WILLIAMS
MULLEN, Richmond, Virginia, for Appellee Audris Veronica Ford Asmond.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Andrivia Wells seeks to appeal the district court’s order dismissing her 42 U.S.C.
§ 1983 action for failure to state a claim. 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 October 18, 2023. Wells filed the notice of
appeal on November 20, 2023. Because Wells 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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