USCA4 Appeal: 22-6716 Doc: 6 Filed: 11/29/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6716

DERRICK GREEN, a/k/a Duryea Green,

Petitioner - Appellant,

v.

WARDEN GREGORY WERNER,

Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Greenbelt. Paula Xinis, District Judge. (8:20-cv-00777-PX)

Submitted: November 22, 2022 Decided: November 29, 2022

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

Dismissed by unpublished per curiam opinion.

Derrick Green, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6716 Doc: 6 Filed: 11/29/2022 Pg: 2 of 2

PER CURIAM:

Derrick Green seeks to appeal the district court’s order dismissing his

petition as time-barred. We dismiss the appeal for lack of jurisdiction because the

notice of appeal was not timely filed.

In civil cases, parties have 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,

(2007).

The district court entered its order on October 21, 2022. Green filed the notice of

appeal on June 13, 2022. * Because Green 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

* The District of Columbia Court of Appeals received Green’s notice of appeal on this date. Green did not date his notice of appeal and no postmark is apparent on the envelope. See Houston v. Lack,

(1988); Fed. R. App. P. 4(c)(1) (describing rules for demonstrating timely filing); Fed. R. App. P. 4(d) (providing that notice of appeal mistakenly filed in court of appeals is deemed filed on date received by court of appeals).

2