UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6871
BRENDA J. HOLLEY,
Petitioner - Appellant,
v.
WENDY S. HOBBS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, Senior
District Judge. (1:10-cv-01085-TSE-JFA)
Submitted: September 13, 2011 Decided: September 14, 2011
Before KING, WYNN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Brenda J. Holley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Brenda J. Holley seeks to appeal the district court’s
order dismissing her 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 in civil cases such as this one 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 January 24, 2011. The notice of appeal was filed, at
earliest, on June 16, 2011. * Because Holley 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
*
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).
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adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
3