Case Explained: ROY SYLVESTER HUNT, JR v. P. MCCABE, Registered Nurse and ARMOR HEALTHCARE PROVIDER; LIEUTENANT CUNDIFF; UNIT MANAGER GILBERTSON; J. GILLUS, Food Service Assistant Director; R HALOM, Medical Secretary; ASSISTANT WARDEN JERRY; PROCICE Registered Nurse; SERGEANT SUMMERVILLE; LIEUTENANT WHITEHEAD

Court: United States Court of Appeals for the Fourth Circuit

Filed: 2026-07-14

The Fourth Circuit dismissed the appeal for lack of jurisdiction because the notice of appeal was not timely filed. The court applied Federal Rule of Appellate Procedure 4(a)(1)(A), which requires parties to file a notice of appeal within 30 days after the entry of the district court’s final judgment, noting that this deadline is a jurisdictional requirement under *Bowles v. Russell*. Although the appellant initially dated his notice of appeal before the August 2, 2024 expiration date, the record showed it was postmarked on August 15, 2024; an evidentiary hearing confirmed the appellant delivered the notice to prison officials after the deadline expired, and the court found no plain error in the district court’s adoption of this finding. Consequently, the appeal is dismissed, and motions for assignment of counsel and to strike an informal brief are denied as moot.

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