USCA4 Appeal: 24-6158 Doc: 10 Filed: 08/30/2024 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6158

KHALID MAHAMMED,

Petitioner - Appellant,

v.

DAVID GREEN, Warden; MAJOR HAGGIE; CAPTAIN JARVIS, Baltimore City Correctional Center; SYNESSA JEFFERSON,

Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. James K. Bredar, Senior District Judge. (1:23-cv-01338-JKB)

Submitted: August 27, 2024 Decided: August 30, 2024

Before KING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Khalid Austin Mahammed, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6158 Doc: 10 Filed: 08/30/2024 Pg: 2 of 3

PER CURIAM:

Khalid Austin Mahammed seeks to appeal the district court’s order dismissing his

petition. We dismiss the appeal for lack of jurisdiction because the notice

of appeal was not timely filed.

In civil cases, unless the United States or its officer or agency is a party, notices of

appeal must be filed no more than 30 days after the entry of the district court’s final

judgment or order, 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 denying Mahammed’s § 2241 petition on

December 19, 2023. Mahammed filed a notice of appeal on February 14, 2024. * Because

Mahammed failed to file a timely notice of appeal or to obtain an extension or reopening

of the appeal period, we dismiss the appeal.

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

(1988). We note that Mahammed mistakenly dated the notice of appeal 2023, however we conclude this was a scrivener’s error because the court entered the order Mahammed appeals from on December 19, 2023.

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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

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