Filed: Mar. 02, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7950 JEREMY DANIEL RUSSOM, Petitioner - Appellant, v. KEITH WHITENER, Administrator, Marion Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:14-cv-00167-FDW) Submitted: February 25, 2016 Decided: March 2, 2016 Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Ju
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7950 JEREMY DANIEL RUSSOM, Petitioner - Appellant, v. KEITH WHITENER, Administrator, Marion Correctional Institution, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Statesville. Frank D. Whitney, Chief District Judge. (5:14-cv-00167-FDW) Submitted: February 25, 2016 Decided: March 2, 2016 Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit Jud..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7950
JEREMY DANIEL RUSSOM,
Petitioner - Appellant,
v.
KEITH WHITENER, Administrator, Marion Correctional
Institution,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Frank D. Whitney,
Chief District Judge. (5:14-cv-00167-FDW)
Submitted: February 25, 2016 Decided: March 2, 2016
Before SHEDD and HARRIS, Circuit Judges, and DAVIS, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Jeremy Daniel Russom, Appellant Pro Se. Nicholaos George Vlahos,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jeremy Daniel Russom 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 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 August
31, 2015. The notice of appeal was filed on November 29, 2015. *
Because Russom 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 contentions
* 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).
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are adequately presented in the materials before this court and
argument would not aid the decisional process.
DISMISSED
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