Stacey Jones v. State of Maryland , 675 F. App'x 359 ( 2017 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-7366
STACEY JONES,
Petitioner - Appellant,
v.
STATE OF MARYLAND,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Paul W. Grimm, District Judge. (8:16-
cv-01624-PWG)
Submitted: January 31, 2017 Decided: February 3, 2017
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Stacey Jones, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Stacey Jones seeks to appeal the district court’s order
construing his petition filed pursuant to 28 U.S.C. § 2241(2012) as a 28 U.S.C. § 2254 (2012) petition and dismissing it
as untimely. 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
August 4, 2016. The notice of appeal was filed on September 30,
2016. * Because Jones 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
*We assume, for the purpose of this appeal, that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266,
276 (1988).
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materials before this court and argument would not aid the
decisional process.
DISMISSED
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