# Mark Dowdy v. Commonwealth of Virginia

> Court of Appeals for the Fourth Circuit · May 10, 2012 · 473 F. App'x 234

URL: https://www.frixlaw.com/law-library/cases/799646

## Case

- **Full name:** Mark Ryland DOWDY, Plaintiff-Appellant, v. Commonwealth of VIRGINIA; Cheryl Brown; Bafney Brown; A. John Vollino; Justin Shelton; Cynthia L. McCoy, Defendants—Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 10, 2012
- **Citations:** 473 F. App'x 234
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Wilkinson, King, Diaz
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/799646

## Opinion text

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/799646. Public record. Not legal advice.