Filed: Apr. 03, 2018
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6111 MARK ANTHONY OWENS, Petitioner - Appellant, v. WARDEN ROBERT M. STEVENSON, III, Broad River Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Richard Mark Gergel, District Judge. (5:11-cv-02397-RMG) Submitted: March 29, 2018 Decided: April 3, 2018 Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-6111 MARK ANTHONY OWENS, Petitioner - Appellant, v. WARDEN ROBERT M. STEVENSON, III, Broad River Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Orangeburg. Richard Mark Gergel, District Judge. (5:11-cv-02397-RMG) Submitted: March 29, 2018 Decided: April 3, 2018 Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismis..
More
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-6111
MARK ANTHONY OWENS,
Petitioner - Appellant,
v.
WARDEN ROBERT M. STEVENSON, III, Broad River Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at
Orangeburg. Richard Mark Gergel, District Judge. (5:11-cv-02397-RMG)
Submitted: March 29, 2018 Decided: April 3, 2018
Before AGEE and DIAZ, Circuit Judges, and HAMILTON, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mark Anthony Owens, Appellant Pro Se. Donald John Zelenka, Deputy Attorney General,
Alphonso Simon, Jr., Assistant Attorney General, OFFICE OF THE ATTORNEY
GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mark Anthony Owens seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and dismissing as untimely 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 September 5, 2012. The
notice of appeal was filed, at the earliest, on January 22, 2018. * Because Owens 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 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