Thomasv.Fed. Med. Ctr.

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUITAug 2, 2012
No. 12-6675 (4th Cir. 2012)
No. 12-6675474 Fed. Appx. 903

No. 12-6675

08-02-2012

ARNETT THOMAS, Plaintiff - Appellant, v. FEDERAL MEDICAL CENTER, Butner, North Carolina; BUREAU OF PRISONS, Defendants - Appellees.

Arnett Thomas, Appellant Pro Se.


UNPUBLISHED

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever, III, Chief District Judge. (5:11-ct-03048-D)

Before MOTZ, DAVIS, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Arnett Thomas, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Arnett Thomas appeals the district court's order denying relief on his complaint filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court's final judgment or order, Fed. R. App. P. 4(a)(1)(B), 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 September 23, 2011. The notice of appeal was filed on April 9, 2012. Because Thomas failed to file a timely notice of appeal or obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED