Opinion
No. 21-6222
05-25-2021
CARLYNIAS PETTIGREW, Petitioner - Appellant, v. MICHAEL STEPHAN, Warden, Respondent - Appellee.
Carlynias Pettigrew, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the District of South Carolina, at Charleston. Bruce H. Hendricks, District Judge. (2:17-cv-02894-BHH) Before WILKINSON, NIEMEYER, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Carlynias Pettigrew, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Carlynias Pettigrew seeks to appeal the district court's order accepting the magistrate judge's recommendation and denying relief on Pettigrew's 28 U.S.C. § 2254 petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.
In civil cases, parties have 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 entered its order on September 28, 2018. The notice of appeal was filed, at the earliest, on February 8, 2021. Because Pettigrew failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal.
For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest 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). --------
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