Raymond Edmonds, Jr. v. Warden Cecilia Reynolds

U.S. Court of Appeals for the Fourth Circuit October 24, 2016

Raymond Edmonds, Jr. v. Warden Cecilia Reynolds, 670 F. App'x 88 (4th Cir. 2016)

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Raymond Edmonds, Jr., seeks to appeal the district court’s order dismissing 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. 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 March 14, 2016. The notice of appeal was filed on April 14, 2016. * Because Edmonds failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny the motion for a certificate of appealability, deny leave to proceed in for-ma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

For the purpose of 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: Raymond EDMONDS, Jr., Petitioner-Appellant, v. Warden Cecilia REYNOLDS, Respondent-Appellee
Status: Unpublished