Andrew Drayton, Jr. v. State , 590 F. App'x 251 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7430
ANDREW DRAYTON, JR.,
Petitioner – Appellant,
v.
STATE,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Richard M. Gergel, District
Judge. (0:14-cv-01573-RMG)
Submitted: January 8, 2015 Decided: January 23, 2015
Before SHEDD, DIAZ, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Andrew Drayton, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Andrew Drayton, Jr., seeks to appeal the district
court’s order accepting the recommendation of the magistrate
judge and dismissing his 28 U.S.C. § 2254 (2012) petition
without prejudice. 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 July 7, 2014. The notice of appeal was filed on
September 25, 2014. Because Drayton failed to file a timely
notice of appeal or obtain an extension or reopening of the
appeal period, we dismiss the appeal. We deny Drayton’s motion
to expedite as moot and deny his motion for appointment of
counsel. 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
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