UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-6268
JAMES F. CLARK,
Petitioner - Appellant,
v.
DIRECTOR OF THE DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, Chief
District Judge. (7:11-cv-00442-GEC)
Submitted: July 26, 2012 Decided: August 1, 2012
Before MOTZ, DAVIS, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James F. Clark, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James F. Clark 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 September 16, 2011. The notice of appeal was filed on
February 13, 2012. Because Clark failed to file a timely notice
of appeal or to obtain an extension or reopening of the appeal
period, we dismiss the appeal. We deny Clark’s motion to
proceed in forma pauperis and 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