Background
Willie Singleton sought to appeal an order of the U.S. District Court for the District of South Carolina denying his motion for relief from judgment under Federal Rule of Civil Procedure 60(b).
The district court entered the order on October 3, 2025. Singleton’s 30-day appeal period expired on November 3, 2025, but he filed his notice of appeal on November 5, 2025. He did not obtain an extension or reopening of the appeal period.
The Court’s Holding
The Fourth Circuit dismissed Singleton’s appeal for lack of jurisdiction because his notice of appeal was untimely. Under Federal Rule of Appellate Procedure 4(a)(1)(A), a party in a civil case generally must file a notice of appeal within 30 days after entry of the challenged judgment or order.
The court explained that timely filing is a jurisdictional requirement under Bowles v. Russell, 551 U.S. 205, 214 (2007). Because Singleton filed after the deadline and had not obtained relief under Rule 4(a)(5) or Rule 4(a)(6), the court lacked jurisdiction to hear the appeal.
Key Takeaways
- A notice of appeal in a civil case generally must be filed within 30 days after entry of the challenged judgment or order.
- The civil appeal deadline is jurisdictional, so an appellate court cannot reach the merits when the notice is late.
- A litigant who cannot meet the deadline must qualify for an extension or reopening of the appeal period under the applicable appellate rules.
Why It Matters
The decision underscores that even a brief filing delay can foreclose appellate review. The Fourth Circuit dismissed the appeal without considering whether the district court correctly denied Singleton’s Rule 60(b) motion.
Although the opinion is unpublished and therefore not binding precedent in the Fourth Circuit, it illustrates the strict jurisdictional consequences of missing the civil notice-of-appeal deadline.