Michael Adams v. Richard Graham

U.S. Court of Appeals for the Fourth Circuit

Michael Adams v. Richard Graham

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 18-7175

MICHAEL ADAMS,

Petitioner - Appellant,

v.

RICHARD GRAHAM, Warden; ATTORNEY GENERAL FOR THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. George Jarrod Hazel, District Judge. (8:16-cv-01934-GJH)

Submitted: April 4, 2019 Decided: April 9, 2019

Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Michael Adams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.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

Michael Adams seeks to appeal the district court’s order denying 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

(2007).

The district court’s order was entered on the docket on July 20, 2018. The notice

of appeal was filed 43 days later, on September 1, 2018. ∗ Because Adams failed to file a

timely notice of appeal or to obtain an extension or reopening of the appeal period, we

deny leave to proceed in forma 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, 276

(1988).

2

Reference

Status
Unpublished