Herbert Matthews, Jr. v. Randel Williams
Opinion
Unpublished opinions are not binding precedent in this circuit.
Herbert Lee Matthews, Jr., seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and dismissing his 28 U.S.C. § 2254 (2012) petition as untimely. 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 August. 15, 2016. The notice of appeal was filed on September 24, 2017. * Because Matthews failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We further deny as moot Matthews’ motion for a certificate of appealability. We dispense with oral argument because the facts and legal contentions are adeqúately 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
- Herbert Lee MATTHEWS, Jr., Petitioner-Appellant, v. Warden Randel WILLIAMS, Respondent-Appellee, and Alan Wilson, Respondent
- Status
- Unpublished