Padgett v. South Carolina
Padgett v. South Carolina
Opinion of the Court
Johnny T. Padgett seeks to appeal the district court’s order adopting the recommendation of the magistrate judge and dismissing Padgett’s 28 U.S.C. § 2254 (2006) 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 order was entered on the docket on June 6, 2011. The notice of appeal was filed on July 29, 2011.
DISMISSED.
Padgett is not a prisoner and therefore does not qualify for the prisoner-filing rule set forth in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). Regard
Reference
- Full Case Name
- Johnny T. PADGETT v. State of SOUTH CAROLINA
- Status
- Published