Keener v. Bazzle ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7039
SHELDON G. KEENER,
Petitioner - Appellant,
v.
RICHARD E. BAZZLE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Patrick Michael Duffy, District
Judge. (6:08-cv-02422-PMD)
Submitted: January 12, 2010 Decided: January 25, 2010
Before MICHAEL and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Sheldon G. Keener, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Sheldon G. Keener seeks to appeal the district court’s
order adopting the recommendation of the magistrate judge and
dismissing without prejudice his petition under 28 U.S.C. § 2254(2006). We dismiss the appeal for lack of jurisdiction because
the notice of appeal was not timely filed.
Parties are accorded thirty 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). This appeal period
is “mandatory and jurisdictional.” Browder v. Dir., Dep’t of
Corr., 434 U.S. 257, 264 (1978) (quoting United States v.
Robinson, 361 U.S. 220, 229 (1960)).
The district court’s order was entered on the docket
on August 13, 2008. The notice of appeal was dated May 27,
2009, and was filed on June 1, 2009. See Houston v. Lack, 487
U.S. 266 (1988). Because Keener failed to file a timely notice
of appeal or 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 the court and argument would not aid the
decisional process.
DISMISSED
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