Albert Kelly v. Warden Kirkland Corr Inst
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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- Unpublished