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Warren Russell v. Warden Reynolds
691 F. App'x 772
| 4th Cir. | 2017
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*1 Before MOTZ, TRAXLER, and KEENAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Warren Russell, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General, Melody Jane Brown, Assistant Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Warren Russell seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and granting summary judgment for respondent on Russell’s 28 U.S.C. § 2254 (2012) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded 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’s order was entered on the docket on March 25, 2016. The notice of appeal was filed, at the earliest, on April 27, 2016. [*] Because Russell 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

[*] The district court found that Russell delivered his notice of appeal to prison officials for mailing on April 27, 2016. Fed. R. App. P. 4(c); Houston v. Lack , 487 U.S. 266, 276 (1988). 2

Case Details

Case Name: Warren Russell v. Warden Reynolds
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Jun 21, 2017
Citation: 691 F. App'x 772
Docket Number: 16-6694
Court Abbreviation: 4th Cir.
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