UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7045
SAUL WILLIAMS,
Petitioner – Appellant,
v.
WARDEN, LEE CORRECTIONAL INSTITUTION,
Respondent – Appellee,
and
JON OZMINT, Director of Corr of State of South Carolina,
Respondent.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Henry M. Herlong, Jr., Senior
District Judge. (3:07-cv-00923-HMH)
Submitted: October 23, 2012 Decided: November 6, 2012
Before GREGORY, SHEDD, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Saul Williams, Appellant Pro Se. Melody Jane Brown, 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Unpublished opinions are not binding precedent in this circuit.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:
Saul Williams seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing his petition under 28 U.S.C. § 2254 (2006). 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 18, 2008. The notice of appeal was filed on June 11,
2012. Because Williams failed to file a timely notice of appeal
or obtain an extension or reopening of the appeal period, we
dismiss the appeal. We deny Williams’ 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
2