UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6343
SHAWN DUPREE CORPENING,
Petitioner - Appellant,
v.
ALVIN KELLER, Secretary of the Department of Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Robert J. Conrad,
Jr., Chief District Judge. (1:10-cv-00255-RJC)
Submitted: June 1, 2012 Decided: June 8, 2012
Before NIEMEYER, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shawn Dupree Corpening, Appellant Pro Se. Clarence Joe
DelForge, III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shawn Dupree Corpening seeks to appeal the district
court’s order denying relief on his 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 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 August 2, 2011. The notice of appeal was filed on
February 9, 2012. Because Corpening 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 adequately
presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
2