Eugene Green v. A. Padula ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6969
EUGENE DWAYNE GREEN, a/k/a Eugene D. Green,
Petitioner – Appellant,
v.
A. J. PADULA, Warden, Lee Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. G. Ross Anderson, Jr., Senior
District Judge. (8:08-cv-00713-GRA)
Submitted: October 22, 2013 Decided: October 25, 2013
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eugene Dwayne Green, Appellant Pro Se. Melody Jane Brown,
Assistant Attorney General, Donald John Zelenka, Senior
Assistant Attorney General, Columbia, South Carolina, for
Appellee
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eugene Dwayne Green seeks to appeal the district
court’s order accepting the recommendation of the magistrate
judge and dismissing his 28 U.S.C. § 2254 (2006) petition. 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 4, 2009. The notice of appeal was filed on May 31,
2013. * Because Green 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
*
See Houston v. Lack, 487 U.S. 266, 270 (1988).
2
materials before this court and argument would not aid the
decisional process.
DISMISSED
3