24-1173•Alexis Benson, on behalf of minor child K.C., Jr v. Fort Mill Schools/york County District 4
24-1173Court of Appeals for the Fourth Circuit16 de abr. de 2024
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 24-1173
ALEXIS BENSON, on behalf of minor child K.C., Jr; KEVIN CARBERRY, SR.,
on behalf of minor child K.C., Jr,
Plaintiffs - Appellants,
v.
FORT MILL SCHOOLS/YORK COUNTY DISTRICT 4; AMY MAZIARZ;
KRISTY SPEARS; MICHELE BRANNING; ANTHONY BODDIE; WAYNE
BOULDIN; SCOTT FRATTAROLI; CELIA MCCARTER; BRIAN MURPHY;
JAMES EPPS; SAVANNAH STAGER; EMMA SHEPPARD; LAVONDA
WILLIAMS; BRITTNEY KOBACK; JENNIFER GRANT; DOUGLAS DENT;
SOUTH CAROLINA BOARD OF EDUCATION,
Defendants - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock
Hill. Sherri A. Lydon, District Judge. (0:22-cv-00614-SAL; 0:22-cv-01912-SAL)
Submitted: April 11, 2024 Decided: April 16, 2024
Before AGEE and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Alexis Carberry Benson; Kevin Carberry, Sr., Appellants Pro Se.
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Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Alexis Benson and Kevin Carberry, Sr. (“Plaintiffs”), seek to appeal the district
court’s order dismissing their consolidated civil actions. Appellees have moved to dismiss
the appeal as untimely.
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 September 26, 2023. Plaintiffs filed the notice
of appeal on November 29, 2023. Because Plaintiffs failed to file a timely notice of appeal
or to obtain an extension or reopening of the appeal period, we grant the motion to 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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