Opinion
21-6621
09-14-2021
CHAD EVERETT GOINS, Petitioner - Appellant, v. HAROLD W. CLARKE, Director, Respondent - Appellee.
Chad Everett Goins, Appellant Pro Se.
UNPUBLISHED
Submitted: September 9, 2021
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Thomas T. Cullen, District Judge. (7:19-cv-00548-TTC-RSB)
Chad Everett Goins, Appellant Pro Se.
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM.
Chad Everett Goins seeks to appeal the district court's order denying relief on his 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 March 10, 2021. Goins filed the notice of appeal, at the earliest, on April 16, 2021.[*] Because Goins 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 Goins could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).