Opinion
20-7281
06-07-2022
JAMIER STEVEN HEARD, Petitioner - Appellant, v. ERIK A. HOOKS, Respondent - Appellee.
Jamier Steven Heard, Appellant Pro Se.
UNPUBLISHED
Submitted: May 27, 2022
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Frank D. Whitney, District Judge. (3:19-cv-00268-FDW)
Jamier Steven Heard, Appellant Pro Se.
Before KING, HARRIS, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM
Jamier Steven Heard seeks to appeal the district court's order denying relief on his 28 U.S.C. § 2254 petition. We previously remanded this case to the district court for the limited purpose of determining whether Heard was entitled to reopening of the appeal period pursuant to Fed. R. App. P. 4(a)(6). We now dismiss the appeal for lack of jurisdiction.
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 judgment on May 28, 2020. Heard filed the notice of appeal on August 18, 2020.[*] Because Heard failed to file a timely notice of appeal and the district court declined to reopen 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 Heard 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).