UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7326
CARNELL DION MCELROY,
Petitioner – Appellant,
v.
HAROLD W. CLARKE,
Respondent – Appellee,
and
GENE M. JOHNSON,
Respondent.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Claude M. Hilton, Senior
District Judge. (1:11-cv-00425-CMH-TCB)
Submitted: October 15, 2012 Decided: October 23, 2012
Before KING and DIAZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Carnell Dion McElroy, Appellant Pro Se. Robert H. Anderson,
III, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Carnell Dion McElroy seeks to appeal the district
court’s order denying 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 June 17, 2012. The notice of appeal was filed on August 2,
2012. Because McElroy failed to file a timely notice of appeal
or to obtain an extension or reopening of the appeal period, we
dismiss the appeal. Leave to proceed in forma pauperis is
denied. We deny the motion for a certificate of appealability
and 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
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