Wright-El v. Honorable Judge Circuit Court , 459 F. App'x 209 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7093
CUSH AJEYA WRIGHT-EL,
Petitioner - Appellant,
v.
HONORABLE JUDGE CIRCUIT COURT FOR BALTIMORE CITY,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(1:10-cv-03318-CCB)
Submitted: December 15, 2011 Decided: December 20, 2011
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Cush Ajeya Wright-El, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cush Ajeya Wright-El seeks to appeal the district
court’s order denying his Fed. R. Civ. P. 60(b) motion. 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). “[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 June 7, 2011. The notice of appeal was filed on August 16,
2011. * Because Wright-El 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
*
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).
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in the materials before the court and argument would not aid the
decisional process.
DISMISSED
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