UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7641
GARRY SANDERS,
Petitioner – Appellant,
v.
STATE OF NORTH CAROLINA; JOSEPH LUZZI, Attorney,
Respondents - Appellees.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever, III,
Chief District Judge. (5:14-hc-02089-D)
Submitted: February 17, 2016 Decided: February 25, 2016
Before KING and GREGORY, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Garry Sanders, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Garry Sanders seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2254 (2012) petition for lack of
subject matter jurisdiction. We dismiss the appeal for lack of
jurisdiction because the notice of appeal was not timely filed.
Parties are accorded 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’s order was entered on the docket on
January 28, 2015. The notice of appeal was filed on October 13,
2015. * Because Sanders failed to file a timely notice of appeal
or obtain an extension or reopening of the appeal period, we
deny leave to proceed in forma pauperis and dismiss the appeal.
*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
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
3