Opinion
22-6550
11-29-2022
JOHNNY MACK COOK, Petitioner-Appellant, v. JUDGE DOUGLAS SASSER, Respondent-Appellee
Johnny Mack Cook, Appellant Pro Se.
UNPUBLISHED
Submitted: November 22, 2022
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:21-hc-02057-D)
Johnny Mack Cook, Appellant Pro Se.
Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM.
Johnny Mack Cook seeks to appeal the district court's order denying Cook's application to proceed in forma pauperis and dismissing without prejudice his 28 U.S.C. § 2241 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 August 4, 2021. Cook filed the notice of appeal on May 3, 2022.[*] Because Cook 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.
[*] For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date Cook could have delivered the notice to prison officials for mailing to the district court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).