Wesley Edward Smith, III, a pro se litigant, filed a civil action under 42 U.S.C. § 1983 in the United States District Court for the District of South Carolina against the State of South Carolina, Governor Henry McMaster, and the Berkeley County Administration. The district court dismissed his civil action, adopting a magistrate judge's recommendation. Following this dismissal, Smith filed a postjudgment petition, which the district court docketed as a motion to remand the case to state court, but the court denied this request. Smith then attempted to appeal both the dismissal of his civil action and the denial of his motion to remand to the Fourth Circuit.
The Fourth Circuit addressed two distinct issues in this appeal. First, regarding the appeal of the dismissal judgment, the court applied Federal Rule of Appellate Procedure 4(a)(1)(A), which mandates that parties in civil cases must file a notice of appeal within 30 days after the entry of the final judgment or order. The district court entered its dismissal judgment on July 28, 2025, making the appeal period expire on August 27, 2025. Smith did not file his notice of appeal until November 13, 2025. The court emphasized that the timely filing of a notice of appeal is a jurisdictional requirement, citing Bowles v. Russell, 551 U.S. 205, 214 (2007). Because Smith failed to file within the deadline and did not obtain an extension or reopening of the period, the court lacked jurisdiction to hear the appeal of the dismissal and was required to dismiss it. Second, regarding the appeal of the order denying the motion to remand, the court reviewed the record and found no reversible error in the district court's decision to deny the request to send the case back to state court. Consequently, the court affirmed that specific order.
The appellant's appeal of the district court's dismissal of his civil rights action is terminated, leaving the district court's dismissal judgment in place. The appellant's attempt to remand the case to state court remains denied. The decision reinforces the strict, jurisdictional nature of Federal Rule of Appellate Procedure 4(a) deadlines, meaning that even pro se litigants must adhere to the 30-day filing window or secure a valid extension to preserve their right to appeal.
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