Pierre Renoir v. Warden

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7612 PIERRE A. RENOIR, Plaintiff - Appellant, v. WARDEN, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District Judge. (7:14-cv-00345-JLK-RSB) Submitted: February 23, 2016 Decided: February 26, 2016 Before MOTZ and GREGORY, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Pierre A. Renoir, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Pierre A. Renoir seeks to appeal the district court’s order dismissing as successive his 28 U.S.C. § 2254 (2012) petition. 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 July 18, 2014. The notice of appeal was filed on October 2, 2015. * Because Renior 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 also deny Renoir’s motion to return to Keen Mountain Correctional Center and dispense with oral argument because the facts and legal contentions are adequately presented in the *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 materials before this court and argument would not aid the decisional process. DISMISSED 3