UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6052
CHRISTOPHER RAYE BROWN,
Petitioner - Appellant,
v.
GENE M. JOHNSON,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (7:09-cv-00483-SGW-mfu)
Submitted: March 26, 2013 Decided: March 29, 2013
Before DUNCAN, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Christopher Raye Brown, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Christopher Raye Brown seeks to appeal the district
court’s order denying his motion for reconsideration of the
court’s dismissal of his 28 U.S.C. § 2254 (2006) petition and
denial of a certificate of appealability. 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 January 13, 2010. The notice of appeal was filed, at the
earliest, on January 2, 2013. 1 Because Brown failed to file a
timely notice of appeal or to obtain an extension or reopening
of the appeal period, we deny leave to proceed in forma pauperis
and dismiss the appeal. 2 We dispense with oral argument because
1
See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S.
266, 276 (1988).
2
Furthermore, Brown previously filed a notice of appeal
from this order; the resultant appeal was dismissed for failure
(Continued)
2
the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the
decisional process.
DISMISSED
to prosecute. Brown v. Johnson, No. 10-6082 (4th Cir. Mar. 12,
2010) (unpublished order).
3