Opinion
24-6582
08-27-2024
JACOB SCOTT GOODWIN, Petitioner - Appellant, v. CHADWICK DOTSON, Director, Respondent - Appellee
Jacob Scott Goodwin, Appellant Pro Se. Kelly Lynn Sturman, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
UNPUBLISHED
Submitted: August 22, 2024
Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Elizabeth K. Dillon, Chief District Judge. (7:22-cv-00517-EKD-JCH)
Jacob Scott Goodwin, Appellant Pro Se.
Kelly Lynn Sturman, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Before WILKINSON, WYNN, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jacob Scott Goodwin 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 4, 2024, and the appeal period expired on April 3, 2024. Goodwin filed the notice of appeal on April 26, 2024.[*] Because Goodwin 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 Goodwin 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).