U.S. Court of Appeals for the Fourth Circuit, 2017

James Travis v. Warden

James Travis v. Warden
U.S. Court of Appeals for the Fourth Circuit · Decided August 29, 2017 · Diaz, Gregory, Per Curiam, Shedd
697 F. App'x 149

James Travis v. Warden

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

James Travis seeks to appeal the district court’s order denying his 28 U.S.C. § 2254 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 April 28, 2017. Travis deposited his notice of appeal in the prison’s internal mailing system at the earliest on May 31, 2017. 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 Travis 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 this court and argument would not aid the decisional process.

DISMISSED

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