Rayvern Green v. A. Padula , 516 F. App'x 282 ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6109
RAYVERN EARL GREEN,
Plaintiff - Appellant,
v.
A. J. PADULA, Warden; JUDGE BYARS, SCDC Director,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. J. Michelle Childs, District
Judge. (6:11-cv-02196-JMC)
Submitted: March 28, 2013 Decided: April 2, 2013
Before NIEMEYER, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rayvern Earl Green, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rayvern Earl Green seeks to appeal the district
court’s order adopting the recommendation of the magistrate
judge and dismissing his complaint for failure to state a claim.
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 August 24, 2012. The notice of appeal was filed on January
22, 2013. Because Green 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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