Kyeem King v. State of Maryland

U.S. Court of Appeals for the Fourth Circuit

Kyeem King v. State of Maryland

Opinion

USCA4 Appeal: 24-6882 Doc: 12 Filed: 01/28/2025 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 24-6882

KYEEM KING,

Petitioner - Appellant,

v.

STATE OF MARYLAND,

Respondent - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Julie R. Rubin, District Judge. (1:23-cv-03232-JRR)

Submitted: January 23, 2025 Decided: January 28, 2025

Before WILKINSON, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kyeem King, Petitioner Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 24-6882 Doc: 12 Filed: 01/28/2025 Pg: 2 of 2

PER CURIAM:

Kyeem King 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 June 17, 2024, and King had 30 days to note

an appeal. Accordingly, the appeal period expired on July 17, 2024. King filed the notice

of appeal on August 19, 2024. * Because King failed to file a timely notice of appeal or to

obtain an extension or reopening of the appeal period, we deny King’s motion for a

certificate of appealability and 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 King 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Unpublished