Albert Kelly v. Warden Kirkland Corr Inst

U.S. Court of Appeals for the Fourth Circuit

Albert Kelly v. Warden Kirkland Corr Inst

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-6822

ALBERT S. KELLY, a/k/a Albert Santanieyo Kelly,

Petitioner - Appellant,

v.

WARDEN KIRKLAND CORRECTIONAL INSTITUTION,

Respondent - Appellee,

and

STATE OF SOUTH CAROLINA,

Respondent.

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, Chief District Judge. (4:15-cv-01518-TLW)

Submitted: December 20, 2018 Decided: December 26, 2018

Before DIAZ and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Albert S. Kelly, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Albert S. Kelly seeks to appeal the district court’s order granting summary

judgment in favor of Warden Kirkland Correctional Institution. 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

(2007).

The district court’s order was entered on the docket on July 19, 2016. The notice

of appeal was filed on June 29, 2018. Because Kelly failed to file a timely notice of

appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal.

We deny Kelly’s motion for transcripts at government expense. 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

2

Reference

Status
Unpublished