USCA4 Appeal: 24-6044 Doc: 14 Filed: 05/24/2024 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6044

CARL JAVAN ROSS, Petitioner - Appellant, v. WARDEN WALTER WEST; MARYLAND ATTORNEY GENERAL, Respondents - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore.

James K. Bredar, Senior District Judge. (1:20-cv-01031-JKB)

Submitted: May 21, 2024 Decided: May 24, 2024

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

Dismissed by unpublished per curiam opinion.

Carl Javan Ross, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 24-6044 Doc: 14 Filed: 05/24/2024 Pg: 2 of 2

PER CURIAM: Carl Javan Ross 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 23, 2023, and the appeal period expired on April 24, 2023. Ross filed the notice of appeal on December 22, 2023. * Because Ross 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 Ross 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).