Pierre Renoir v. Warden

U.S. Court of Appeals for the Fourth Circuit
Pierre Renoir v. Warden, 633 F. App'x 189 (4th Cir. 2016)
Gregory, Hamilton, Motz, Per Curiam

Pierre Renoir v. Warden

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Pierre A. Renoir seeks to appeal the district court’s order dismissing as successive his 28 U.S.C. § 2254 (2012) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded 30 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. RApp. 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 18, 2014. The notice of appeal was filed on October 2, 2015. * Because Renior failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis and dismiss the appeal. We also deny Renoir’s motion to return to Keen Mountain Correctional Center and dispense with oral argument because the facts and legal contentions are adequately presented in the *190 materials before this court and argument would not aid the decisional process.

DISMISSED.

*

For the purpose pf this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. 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
Pierre A. RENOIR, Plaintiff-Appellant, v. WARDEN, Respondent-Appellee
Status
Unpublished