Matthew Davis v. Tracy Johns

U.S. Court of Appeals for the Fourth Circuit
Matthew Davis v. Tracy Johns, 472 F. App'x 149 (4th Cir. 2011)

Matthew Davis v. Tracy Johns

Opinion

PER CURIAM:

Matthew Davis seeks to appeal the district court’s order dismissing without prejudice his 28 U.S.C. § 2241 (2006) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order, Fed. R.App. P. 4(a)(1)(B), unless the district court extends the appeal period under Fed. RApp. 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 order was entered on the docket on July 7, 2011. The notice of appeal was filed on September 7, 2011, one day outside of the appeal period. * Because Davis failed to file a timely notice of appeal or to obtain an extension or reopening of 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.

*

The record indicates that Davis delivered the notice of appeal to prison officials for mailing to the court on September 7, 2011. See Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).

Reference

Full Case Name
Matthew DAVIS, Petitioner-Appellant, v. Tracy W. JOHNS, Warden, Respondent-Appellee
Status
Unpublished