Robert Johnson v. Drew Stanley ( 2020 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-7702
ROBERT H. JOHNSON,
Petitioner - Appellant,
v.
DREW STANLEY, Superintendent, Warren 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. (5:18-cv-00144-FDW)
Submitted: January 21, 2020 Decided: January 24, 2020
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Robert H. Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Robert H. Johnson seeks to appeal the district court’s order granting summary
judgment in favor of Respondent and denying relief on Johnson’s 28 U.S.C. § 2254 (2018)
petition. 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 September 30, 2019. The
notice of appeal was filed on November 5, 2019. * Because Johnson 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
*
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).
2