Haiyan Lin v. Rusty Brown

USCA4 Appeal: 24-2197 Doc: 11 Filed: 04/14/2025 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-2197 HAIYAN LIN, Plaintiff - Appellant, v. RUSTY BROWN, d/b/a American Auto Sales, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Columbia. Joseph F. Anderson, Jr., Senior District Judge. (3:22-cv-03740-JFA) Submitted: April 10, 2025 Decided: April 14, 2025 Before WILKINSON and RUSHING, Circuit Judges, and FLOYD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Haiyan Lin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-2197 Doc: 11 Filed: 04/14/2025 Pg: 2 of 2 PER CURIAM: Haiyan Lin seeks to appeal the district court’s order denying Lin’s motion to reconsider after the district court dismissed Lin’s complaint for failure to prosecute. 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 October 22, 2024, and the appeal period expired on November 22, 2024. Lin filed the notice of appeal on December 2, 2024. Because Lin 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 in the materials before this court and argument would not aid the decisional process. DISMISSED 2