Unique Lawrence v. Harold Clarke ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6409
UNIQUE DIOR LAWRENCE,
Petitioner - Appellant,
v.
HAROLD W. CLARKE, Director of the Virginia Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Arenda L. Wright Allen, District Judge. (2:20-cv-00471-AWA-RJK)
Submitted: June 24, 2021 Decided: June 29, 2021
Before KING and THACKER, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unique Dior Lawrence, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Unique Dior Lawrence seeks to appeal the district court’s order adopting the
magistrate judge’s recommendation and dismissing Lawrence’s 28 U.S.C. § 2254 petition
without prejudice for failure to exhaust state court remedies. We dismiss the appeal for
lack of jurisdiction because the notice of appeal was not timely filed.
In civil cases, parties have 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 entered its order on January 4, 2021. Lawrence filed the notice of
appeal on February 22, 2021. * Because Lawrence failed to file a timely notice of appeal
or to obtain an extension or reopening of the appeal period, we deny his motion for
appointment of counsel 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
*
For the purpose of this appeal, we assume that the date appearing on the notice of
appeal is the earliest date Lawrence could have delivered the notice to prison officials for
mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).
2