UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7373
HERBERT T. FRAZIER,
Petitioner - Appellant,
v.
MICHAEL MCCALL, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. J. Michelle Childs, District
Judge. (2:13-cv-02279-JMC)
Submitted: February 24, 2015 Decided: April 2, 2015
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Herbert T. Frazier, Appellant Pro Se. Donald John Zelenka,
Senior Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Herbert T. Frazier seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation
and dismissing his 28 U.S.C. § 2254 (2012) petition. We dismiss
the appeal for lack of jurisdiction because Frazier did not
timely file a notice of appeal.
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 26, 2014. Frazier did not file a notice of appeal. Nor
is there any indication that Frazier’s motion for a certificate
of appealability, which he filed prior to issuance of the
district court’s order and judgment, was intended to serve as a
notice of appeal. Because Frazier failed to file a timely
notice of appeal or to obtain an extension or reopening of the
appeal period, we deny his motion for a certificate of
appealability and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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