Filed: Apr. 16, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7944 LESTER O’NEIL WOODRUFF, Petitioner - Appellant, v. HAROLD W. CLARKE, Director Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, Senior District Judge. (6:12-cv-00072-NKM) Submitted: April 14, 2014 Decided: April 16, 2014 Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dis
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-7944 LESTER O’NEIL WOODRUFF, Petitioner - Appellant, v. HAROLD W. CLARKE, Director Virginia Department of Corrections, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, Senior District Judge. (6:12-cv-00072-NKM) Submitted: April 14, 2014 Decided: April 16, 2014 Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dism..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-7944
LESTER O’NEIL WOODRUFF,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Lynchburg. Norman K. Moon, Senior
District Judge. (6:12-cv-00072-NKM)
Submitted: April 14, 2014 Decided: April 16, 2014
Before WILKINSON and MOTZ, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Lester O’Neil Woodruff, 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Unpublished opinions are not binding precedent in this circuit.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:
Lester O’Neil Woodruff seeks to appeal the district
court’s order denying relief on 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 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 October 23, 2013. The notice of appeal was filed on November
25, 2013. * Because Woodruff failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal
period, we deny Woodruff’s motion for a certificate of
appealability, deny leave to proceed in forma pauperis, and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
*
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
materials before this court and argument would not aid the
decisional process.
DISMISSED
3