DeCarlos Barnes v. Jennifer Grant

USCA4 Appeal: 25-6327 Doc: 11 Filed: 09/03/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 25-6327 DECARLOS BERNARD BARNES, Plaintiff - Appellant, v. JENNIFER GRANT, Defendant - Appellee. Appeal from the United States District Court for the Western District of Noth Carolina, at Asheville. Frank D. Whitney, Senior District Judge. (1:23-cv-00102-FDW) Submitted: August 28, 2025 Decided: September 3, 2025 Before GREGORY, QUATTLEBAUM, and HEYTENS, Circuit Judges. Dismissed by unpublished per curiam opinion. DeCarlos Bernard Barnes, Appellant Pro Se. Caitlin Tellechea Augerson, WOMBLE BOND DICKINSON (US) LLP, Winston-Salem, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-6327 Doc: 11 Filed: 09/03/2025 Pg: 2 of 2 PER CURIAM: DeCarlos Bernard Barnes seeks to appeal the district court’s order granting the Defendant’s motion for summary judgment on Barnes’s 42 U.S.C. § 1983 complaint alleging deliberate indifference to his serious medical needs. 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 November 5, 2024 and the appeal period expired on December 5, 2024. Barnes filed the notice of appeal on April 16, 2025.* Because Barnes failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. DISMISSED * For the purpose of this appeal, we assume that the postmark date appearing on the envelope containing the notice of appeal is the earliest date Barnes could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988). 2