U.S. Court of Appeals for the Fourth Circuit, 2011

Michael Wagner v. J. Stouffer

Michael Wagner v. J. Stouffer
U.S. Court of Appeals for the Fourth Circuit · Decided August 30, 2011 · Motz, Duncan, Keenan
445 F. App'x 685

Michael Wagner v. J. Stouffer

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael Joseph Wagner seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2241 (West 2006 & Supp. 2011) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded thirty days after the entry of the district court’s final judgment or order to note an appeal, Fed. R.App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5), or reopens the appeal period under Fed. R.App. P. 4(a)(6). “[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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s final order was entered on January 12, 2011, and the notice of appeal was deposited in the prison’s internal mail system on March 28, 2011. See Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). Because Wagner failed to file a timely notice of appeal, to obtain an extension, or to file a timely motion to reopen the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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