Robinson v. Padula

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7568

JOHN BERNARD ROBINSON,

Petitioner - Appellant,

ANTHONY PADULA, Warden of Lee Correctional Institution,

Respondent - Appellee,

and

STATE OF SOUTH CAROLINA,

Defendant.

Appeal from the United States District Court for the District of
South Carolina, at Aiken. J. Michelle Childs, District Judge.
(1:09-cv-01977-JMC)

Submitted: April 28, 2011 Decided: May 2, 2011

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Bernard Robinson, Appellant Pro Se. Donald John Zelenka,
Deputy Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

John Bernard Robinson seeks to appeal the district

court’s order accepting the recommendation of the magistrate

judge and denying relief on his 28 U.S.C. § 2254 (2006)

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 judgment was entered on September

15, 2010, and the notice of appeal was deposited in the prison’s

internal mail system on October 20, 2010. See Fed. R. App. P.

4(c); Houston v. Lack, 487 U.S. 266, 276 (1988). Because

Robinson 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 the court and argument would not aid the decisional

process.

DISMISSED