Christopher Odom v. Director, Charleston County

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 17-7372
CHRISTOPHER A. ODOM,
Petitioner - Appellant,
v.
DIRECTOR, CHARLESTON COUNTY DETENTION CENTER,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Orangeburg. Richard Mark Gergel, District Judge. (5:17-cv-01906-RMG)
Submitted: February 22, 2018 Decided: March 22, 2018
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Christopher A. Odom, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Christopher A. Odom seeks to appeal the district court’s order adopting the report
and recommendation of the magistrate judge and denying Odom’s 28 U.S.C. § 2241
(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 August 24, 2017. The
notice of appeal was filed on October 6, 2017. * Because Odom failed to file a timely
notice of appeal or to obtain an extension or reopening of the appeal period, we deny
Odom’s motion for initial hearing en banc 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