Filed: Dec. 23, 2011
Latest Update: Feb. 22, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7255 RODERICK COAN, Petitioner - Appellant, v. MICHAEL MCCALL, Warden of Perry Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Richard Mark Gergel, District Judge. (2:10-cv-01712-RMG) Submitted: December 20, 2011 Decided: December 23, 2011 Before MOTZ, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-7255 RODERICK COAN, Petitioner - Appellant, v. MICHAEL MCCALL, Warden of Perry Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Richard Mark Gergel, District Judge. (2:10-cv-01712-RMG) Submitted: December 20, 2011 Decided: December 23, 2011 Before MOTZ, DUNCAN, and DIAZ, Circuit Judges. Dismissed by unpublished per curiam opinion...
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-7255
RODERICK COAN,
Petitioner - Appellant,
v.
MICHAEL MCCALL, Warden of Perry Correctional Institution,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Richard Mark Gergel, District
Judge. (2:10-cv-01712-RMG)
Submitted: December 20, 2011 Decided: December 23, 2011
Before MOTZ, DUNCAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roderick Coan, Appellant Pro Se. Donald John Zelenka, Deputy
Assistant Attorney General, Brendan McDonald, OFFICE OF THE
ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roderick Coan seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2006) petition. We
dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Parties are accorded thirty 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 June 17, 2011. The notice of appeal was filed on September
14, 2011. * Because Coan 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
*
The envelope containing the notice of appeal was clearly
date stamped to reflect its receipt in the prison mail room on
this date. See Fed. R. App. P. 4(c); Houston v. Lack,
487 U.S.
266 (1988).
2
materials before the court and argument would not aid the
decisional process.
DISMISSED
3