Terry Wilmore v. Michael McCall ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6726
TERRY MICHAEL WILMORE,
Petitioner – Appellant,
v.
MICHAEL MCCALL, Warden,
Respondent – Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Joseph F. Anderson, Jr., District
Judge. (3:11-cv-00408-JFA)
Submitted: August 17, 2011 Decided: August 24, 2011
Before KING, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terry Michael Wilmore, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terry Michael Wilmore seeks to appeal the district
court’s order adopting the recommendation of the magistrate
judge and dismissing his 28 U.S.C. § 2254 (2006) petition as
successive. 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 April 13, 2011. The notice of appeal can be deemed filed, at
the earliest, on May 24, 2011. * Because Wilmore 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
*
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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adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
3