Samson Coleman v. Brad Perritt

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6536
SAMSON JAMARCO COLEMAN,
Petitioner - Appellant,
v.
BRAD PERRITT,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of North Carolina,
at Charlotte. Frank D. Whitney, Chief District Judge. (3:17-cv-00688-FDW)
Submitted: October 18, 2018 Decided: October 23, 2018
Before GREGORY, Chief Judge, KEENAN, Circuit Judge, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Samson Jamarco Coleman, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Samson Jamarco Coleman seeks to appeal the district court’s order dismissing 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 December 21, 2017.
Coleman mailed the notice of appeal 135 days later, on May 5, 2018. Because Coleman
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 materials before this court and argument
would not aid the decisional process.
DISMISSED
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