Filed: Jan. 24, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2432 RONALD COLLINS, JR., Plaintiff - Appellant, v. KRISTEN KELLER, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Irene C. Berger, District Judge. (5:17-cv-01330) Submitted: January 22, 2019 Decided: January 24, 2019 Before MOTZ, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Collins, Jr., Appellant Pro Se. K
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-2432 RONALD COLLINS, JR., Plaintiff - Appellant, v. KRISTEN KELLER, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Irene C. Berger, District Judge. (5:17-cv-01330) Submitted: January 22, 2019 Decided: January 24, 2019 Before MOTZ, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Ronald Collins, Jr., Appellant Pro Se. Ke..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-2432
RONALD COLLINS, JR.,
Plaintiff - Appellant,
v.
KRISTEN KELLER,
Defendant - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia,
at Beckley. Irene C. Berger, District Judge. (5:17-cv-01330)
Submitted: January 22, 2019 Decided: January 24, 2019
Before MOTZ, KEENAN, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ronald Collins, Jr., Appellant Pro Se. Kevin John Robinson, PULLIN, FOWLER,
FLANAGAN, BROWN & POE, PLLC, Beckley, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ronald Collins, Jr., seeks to appeal the district court’s order dismissing his
complaint filed pursuant to 28 U.S.C. § 2255 (2012). 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 1, 2018. The
notice of appeal was filed on November 15, 2018. See Fed. R. App. P. 4(d). Because
Collins 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
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