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Robert Lurch v. Fayetteville Police Department, 4th Cir. (2016)
Robert Lurch v. Fayetteville Police Department, 4th Cir. (2016)
Robert Lurch v. Fayetteville Police Department, 4th Cir. (2016)
No. 16-1038
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
Terrence W. Boyle,
District Judge. (5:13-cv-00394-BO)
Submitted:
Decided:
PER CURIAM:
Robert Derek Lurch seeks to appeal the district courts
order adopting the recommendation of the magistrate judge and
dismissing his civil action, its order denying his motion to
reopen, and its order denying his motion for reconsideration.
We
dismiss
the
appeal
for
lack
of
jurisdiction
because
the
are
courts
accorded
final
30
days
judgment
or
after
order
the
to
entry
note
of
an
the
appeal,
Lack of notice of
the entry does not affect the time for appeal or relieve-or
authorize the court to relieve-a party for failing to appeal
within the time allowed, except as allowed by Federal Rule of
Appellate Procedure (4)(a).
but
the
motion
requesting
such
relief
must
be
filed
within 180 days after entry of the judgment or 14 days after the
party received notice of the judgment or order, whichever is
earlier.
Bowles v. Russell,
1,
2013,
respectively.
2016. *
September
23,
2015,
and
November
6,
2015,
contacted
regarding
the
dismissal
of
his
action
in
2013.
794-95 (9th Cir. 1995); Hensley v. Chesapeake & Ohio Ry. Co.,
651 F.2d 226, 228 (4th Cir. 1981).
Additionally, there is no
indication from the record that Lurch did not receive notice of
the district courts September and November 2015 denial orders
within 21 days of their entry.
this
court
and
argument
would
not
aid
the
decisional
process.
DISMISSED