Richard Williams v. Commonwealth of Virginia

U.S. Court of Appeals for the Fourth Circuit

Richard Williams v. Commonwealth of Virginia

Opinion

USCA4 Appeal: 21-6666 Doc: 10 Filed: 08/24/2021 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-6666

RICHARD LEO WILLIAMS,

Petitioner - Appellant,

v.

COMMONWEALTH OF VIRGINIA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, Senior District Judge. (1:18-cv-00958-CMH-JFA)

Submitted: August 19, 2021 Decided: August 24, 2021

Before GREGORY, Chief Judge, FLOYD, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Richie Leo Williams, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 21-6666 Doc: 10 Filed: 08/24/2021 Pg: 2 of 2

PER CURIAM:

Richard Leo Williams seeks to appeal the district court’s order denying relief on his

28 U.S.C. § 2254

petition. 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,

551 U.S. 205, 214

(2007).

The district court entered its order on February 3, 2021. Williams filed the notice

of appeal on April 6, 2021. * Because Williams 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

* For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date Williams could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack,

487 U.S. 266, 276

(1988).

2

Reference

Status
Unpublished