Charles Birdsong v. Henry Ponton

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6337
CHARLES A. BIRDSONG,
Petitioner – Appellant,
v.
HENRY PONTON, Warden of Nottoway Correction Center,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Senior
District Judge. (3:14-cv-00131-JRS-RCY)
Submitted: August 25, 2016 Decided: August 30, 2016
Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charles A. Birdsong, Appellant Pro Se. Margaret Hoehl O’Shea,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles A. Birdsong seeks to appeal the district court’s
order denying his 28 U.S.C. § 2254 (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
March 1, 2015. The notice of appeal was filed on March 1, 2016. *
Because Birdsong 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
*
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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materials before this court and argument would not aid the
decisional process.
DISMISSED
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