UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-6839
ERIC ANDREW RIEB,
Petitioner - Appellant,
v.
ROBERT M. STEVENSON, III,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Aiken. Richard M. Gergel, District Judge.
(1:09-cv-02642-RMG)
Submitted: November 3, 2011 Decided: November 16, 2011
Before NIEMEYER, KING, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eric Andrew Rieb, Appellant Pro Se. William Edgar Salter, III,
Assistant Attorney General, Donald John Zelenka, Deputy
Assistant Attorney General, Columbia, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Eric Andrew Rieb seeks to appeal the district court’s
orders granting Respondent summary judgment with respect to his
28 U.S.C. § 2254 (2006) petition, denying reconsideration, and
denying a preliminary injunction. We dismiss the appeal for
lack of jurisdiction because the notice of appeal was not timely
filed.
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 orders were entered on the docket
on September 29, 2010; April 25, 2011; and May 4, 2011,
respectively. The notice of appeal was filed on June 14, 2011.
Because Rieb failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we
dismiss the appeal. We also deny Rieb’s motion to proceed in
forma pauperis. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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