Background
Larry James Tyler, proceeding pro se, sought to appeal a district court order denying his motion for a preliminary injunction and temporary restraining order. The district court had entered its order on October eighth, two thousand and twenty-five.
The court’s reasoning
The court determined that the notice of appeal was not timely filed. Under Federal Rule of Appellate Procedure four, parties have thirty days to file a notice of appeal after a final judgment. The appeal period expired on November seventh, two thousand and twenty-five, but Tyler filed the notice on December twenty-eighth, two thousand and twenty-five. The court cited Bowles versus Russell to state that timely filing is a jurisdictional requirement.
"[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 appeal is dismissed, leaving the district court’s denial of the preliminary injunction in place.