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Cellent v. Perry

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 21, 2018
No. 18-6277 (4th Cir. Sep. 21, 2018)

Opinion

No. 18-6277

09-21-2018

KEVIN CELLENT, Petitioner - Appellant, v. FRANK L. PERRY; JOSH STEIN, Attorney General, Respondents - Appellees.

Noell Peter Tin, TIN, FULTON, WALKER & OWEN, PLLC, Charlotte, North Carolina, for Appellant.


UNPUBLISHED

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, Chief District Judge. (3:16-cv-00814-FDW) Before WILKINSON and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Noell Peter Tin, TIN, FULTON, WALKER & OWEN, PLLC, Charlotte, North Carolina, for Appellant. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Kevin Cellent seeks to appeal the district court's order dismissing his 28 U.S.C. § 2254 (2012) petition as untimely. 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 January 24, 2018. The notice of appeal was filed on March 19, 2018. Because Cellent failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis 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


Summaries of

Cellent v. Perry

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Sep 21, 2018
No. 18-6277 (4th Cir. Sep. 21, 2018)
Case details for

Cellent v. Perry

Case Details

Full title:KEVIN CELLENT, Petitioner - Appellant, v. FRANK L. PERRY; JOSH STEIN…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Sep 21, 2018

Citations

No. 18-6277 (4th Cir. Sep. 21, 2018)