UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6165
CHAZTANIOUS BLACKBURN,
Petitioner – Appellant,
v.
TIMOTHY MCKOY, Superintendent, Franklin Correctional
Center,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Frank D. Whitney,
Chief District Judge. (5:15-cv-00082-FDW)
Submitted: April 21, 2016 Decided: April 26, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Chaztanious Blackburn, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Chaztanious Blackburn seeks to appeal the district court’s
order denying relief on 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
August 4, 2015. The notice of appeal was filed on January 5,
2016. * Because Blackburn 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, deny a
certificate of appealability, and dismiss the appeal. We
dispense with oral argument because the facts and legal
*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
contentions are adequately presented in the materials before
this court and argument would not aid the decisional process.
DISMISSED
3