The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7612
MARK RYLAND DOWDY,
Plaintiff - Appellant,
v.
COMMONWEALTH OF VIRGINIA; CHERYL BROWN; DAFNEY BROWN; A. JOHN
VOLLINO; JUSTIN SHELTON; CYNTHIA L. MCCOY,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Michael F. Urbanski, District
Judge. (7:11-cv-00492-MFU-RSB)
Submitted: April 18, 2012 Decided: May 10, 2012
Before WILKINSON, KING, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark Ryland Dowdy, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mark Ryland Dowdy seeks to appeal the district court’s
order dismissing without prejudice his 42 U.S.C. § 1983 (2006)
complaint as frivolous. We dismiss the appeal for lack of
jurisdiction because the notice of appeal was not timely filed.
Parties are accorded thirty 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’s order was entered on the docket
on October 25, 2011. The notice of appeal was filed on
November 27, 2011. * Because Dowdy 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
*
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
2
in the materials before the court and argument would not aid the
decisional process.
DISMISSED
3