Filed: Aug. 27, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6704 GARY WAYNE MULLINS, Petitioner - Appellant, v. SPENCER HILL, Acting Warden of Anthony Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., Senior District Judge. (2:17-cv-04075) Submitted: August 22, 2019 Decided: August 27, 2019 Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 19-6704 GARY WAYNE MULLINS, Petitioner - Appellant, v. SPENCER HILL, Acting Warden of Anthony Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., Senior District Judge. (2:17-cv-04075) Submitted: August 22, 2019 Decided: August 27, 2019 Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-6704
GARY WAYNE MULLINS,
Petitioner - Appellant,
v.
SPENCER HILL, Acting Warden of Anthony Correctional Center,
Respondent - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Charleston. John T. Copenhaver, Jr., Senior District Judge. (2:17-cv-04075)
Submitted: August 22, 2019 Decided: August 27, 2019
Before KING and RICHARDSON, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Gary Wayne Mullins, Appellant Pro Se. Lindsay Sara See, OFFICE OF THE ATTORNEY
GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gary Wayne Mullins seeks to appeal the district court’s order adopting the
magistrate judge’s recommendation and denying relief on Mullins’ 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 March 12, 2019. The notice
of appeal was filed on May 9, 2019. Because Mullins 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 are adequately presented in the materials before this court and
argument would not aid the decisional process.
DISMISSED
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