CHARLES BIRDSONG v. HENRY PONTON

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United States Court of Appeals, Fourth Circuit.

CHARLES A. BIRDSONG, Petitioner – Appellant, v. HENRY PONTON, Warden of Nottoway Correction Center, Respondent - Appellee.

No. 16-6337

Decided: August 30, 2016

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges. Charles A. Birdsong, Appellant Pro Se. Margaret Hoehl O'Shea, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Charles A. Birdsong seeks to appeal the district court's order denying 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 March 1, 2015. The notice of appeal was filed on March 1, 2016.* Because Birdsong 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

FOOTNOTES

FOOTNOTE.   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).

PER CURIAM: