Robert Johnson, Jr. v. Erik Hooks ( 2018 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6665
ROBERT JAMES JOHNSON, JR.,
Petitioner - Appellant,
v.
ERIK A. HOOKS,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of North Carolina,
at Charlotte. Frank D. Whitney, Chief District Judge. (3:17-cv-00579-FDW)
Submitted: November 15, 2018 Decided: November 19, 2018
Before MOTZ and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Robert James Johnson, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert James Johnson, Jr. seeks to appeal the district court’s order dismissing as
untimely his 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 October 30, 2017. The
notice of appeal was filed on May 16, 2018. * Because Johnson failed to file a timely
notice of appeal or to obtain an extension or reopening of the appeal period, we deny
leave to proceed in forma pauperis 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 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 (1988).
2