History
  • No items yet
midpage
Jason Overbey v. Harold Clarke
20-6899
| 4th Cir. | Oct 28, 2021
|
Check Treatment
|
Docket

*1 Before WILKINSON, THACKER, and QUATTLEBAUM, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jason Merritt Overbey, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jason Merritt Overbey 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 May 4, 2020. Overbey filed the notice of appeal on June 10, 2020. [*] Because Overbey 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 date stamps on the envelope containing the notice of appeal and a dated money order also inside in the envelope established that June 10 is the date prison officials received the notice for mailing. See Fed. R. App. P. 4(c)(1) (requiring declaration in compliance with 28 U.S.C. § 1746 stating date delivered to prison officials or “evidence (such as a postmark or date stamp)” establishing date); Houston v. Lack , 487 U.S. 266, 276 (1988). 2

Case Details

Case Name: Jason Overbey v. Harold Clarke
Court Name: Court of Appeals for the Fourth Circuit
Date Published: Oct 28, 2021
Docket Number: 20-6899
Court Abbreviation: 4th Cir.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.