Appeals – Inmate’s untimely appeal is dismissed

Where an inmate appealing the dismissal of his § 1983 complaint failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, the appeal was dismissed.

Background

Roy Sylvester Hunt Jr. seeks to appeal the district court’s order dismissing his second particularized 42 U.S.C. § 1983 complaint.

Analysis

In civil cases, parties have 30 days after the entry of the district court’s final judgment or order to note an appeal, unless the district court extends the appeal period or reopens the appeal period. “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.”
The district court entered its order on July 3, 2024, so the appeal period expired on Aug. 2, 2024. Hunt dated his notice of appeal July 29, 2024, but the envelope containing the notice of appeal was postmarked on Aug. 15, 2024. Because the record did not reveal when Hunt delivered his notice of appeal to prison officials for mailing, the court remanded this case to the district court the limited purpose of obtaining this information from the parities and determining whether the filing was timely.

After an evidentiary hearing, the magistrate judge found that Hunt delivered the notice of appeal to prison officials for mailing sometime after the expiration of the appeal period. Hunt did not object to this finding, so the district court adopted it. Hunt has not identified—nor can this court discern—any plain error in the district court’s adoption of the magistrate judge’s finding. To the contrary, the magistrate judge carefully considered the exhibits and testimony presented by both parties and simply found Hunt’s account not credible.

Because Hunt failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, the court dismisses the appeal. It denies as moot Hunt’s motion for assignment of counsel and defendant’s motion to strike Hunt’s second informal brief.
Dismissed.

Hunt v. McCabe, Case No. 24-6826, July 14, 2026. 4th Cir. (per curiam), from EDVA at Richmond (Lauck). Roy Sylvester Hunt Jr. Appellant Pro Se. Juliane C. Miller for Appellee. VLW 026-2-269. 4 pp.

Full-Text Opinion