4th Cir.

STEVEN L. JOFFE, M.D. v. ALIVCOR, INC

June 23, 2026 ·25-1886 ·Per Curiam · By James Taylor

The United States Court of Appeals for the Fourth Circuit dismissed an appeal filed by a pro se plaintiff because the notice of appeal was not filed within the required timeframe. The court held that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement that was not met in this instance.

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Background

Steven L. Joffe, proceeding pro se, sought to appeal a district court order dismissing his civil complaint without prejudice. The district court entered its order on January twenty-ninth, two thousand and twenty-five. Because the district court did not enter a separate judgment, the appeal period commenced on June twenty-eighth, two thousand and twenty-five, and expired on July twenty-eighth, two thousand and twenty-five. Joffe filed the notice of appeal on August fourth, two thousand and twenty-five.

The court’s reasoning

The court determined that the appeal was untimely. The opinion states that timely filing of a notice of appeal in a civil case is a jurisdictional requirement. The court found that Joffe failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period.

[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.

Bowles v. Russell, 551 U.S. 205, 214 (2007)

What it means going forward

The dismissal prevents the appellate court from reviewing the merits of the underlying civil complaint. The district court’s dismissal order remains in effect.