USCA4 Appeal: 23-7161 Doc: 5 Filed: 02/27/2024 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23-7161

JOHN EDWARD BUTLER,

Petitioner - Appellant,

v.

ACTING SUPERINTENDENT STANLEY,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:21-hc-02098-D)

Submitted: February 22, 2024 Decided: February 27, 2024

Before NIEMEYER and HEYTENS, Circuit Judges, and KEENAN, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

John Edward Butler, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-7161 Doc: 5 Filed: 02/27/2024 Pg: 2 of 2

PER CURIAM:

John Edward Butler seeks to appeal the district court’s order denying his motion for

recusal. 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 September 6, 2023. Butler filed the notice of

appeal on November 13, 2023. * Because Butler 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 prison mail date-stamp appearing on the envelope containing the notice of appeal is the earliest date Butler could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack,

(1988).

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