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Kevin Dotson v. Warden of KMCC, 15-6037 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 15-6037 Visitors: 13
Filed: May 21, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-6037 KEVIN TERRY DOTSON, Petitioner - Appellant, v. WARDEN OF KEEN MOUNTAIN CORRECTIONAL CENTER, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:13-cv-00529-JLK-RSB) Submitted: May 11, 2015 Decided: May 21, 2015 Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublis
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT


                            No. 15-6037


KEVIN TERRY DOTSON,

                Petitioner - Appellant,

          v.

WARDEN OF KEEN MOUNTAIN CORRECTIONAL CENTER,

                Respondent - Appellee.



Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.     Jackson L. Kiser, Senior
District Judge. (7:13-cv-00529-JLK-RSB)


Submitted:   May 11, 2015                  Decided:   May 21, 2015


Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Kevin Terry Dotson, Appellant Pro Se. Rosemary Virginia Bourne,
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

      Kevin Terry Dotson seeks to appeal the district court’s

order     dismissing   his    28   U.S.C.    § 2254    (2012)   petition.      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

November 7, 2014.       The notice of appeal was filed on January 5,

2015. *    Because Dotson 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




      *
       For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 
487 U.S. 266
(1988).



                                         2
contentions   are   adequately   presented   in   the   materials   before

this court and argument would not aid the decisional process.



                                                               DISMISSED




                                   3

Source:  CourtListener

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