Jacob Goodwin v. Chadwick Dotson

U.S. Court of Appeals for the Fourth Circuit

Jacob Goodwin v. Chadwick Dotson

Opinion

USCA4 Appeal: 24-6582 Doc: 10 Filed: 08/27/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6582

JACOB SCOTT GOODWIN,

Petitioner - Appellant,

v.

CHADWICK DOTSON, Director,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Elizabeth K. Dillon, Chief District Judge. (7:22-cv-00517-EKD-JCH)

Submitted: August 22, 2024 Decided: August 27, 2024

Before WILKINSON, WYNN, and RICHARDSON, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jacob Scott Goodwin, Appellant Pro Se. Kelly Lynn Sturman, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6582 Doc: 10 Filed: 08/27/2024 Pg: 2 of 2

PER CURIAM:

Jacob Scott Goodwin 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 March 4, 2024, and the appeal period expired

on April 3, 2024. Goodwin filed the notice of appeal on April 26, 2024. * Because Goodwin

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 Goodwin 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Unpublished