UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6900
KEVIN WAYNE MAYNARD,
Petitioner – Appellant,
v.
SUPERINTENDENT STANCIL,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
District Judge. (5:12-hc-02047-FL)
Submitted: November 17, 2016 Decided: November 23, 2016
Before WILKINSON, KEENAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin Wayne Maynard, 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Unpublished opinions are not binding precedent in this circuit.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:
Kevin Wayne Maynard seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2254 (2012) petition.
We dismiss the appeal for lack of jurisdiction because the
notice of appeal was not timely filed.
Parties are accorded 30 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
February 22, 2013. The notice of appeal was filed, at the
earliest, on July 1, 2016. * Because Maynard failed to file a
timely notice of appeal or 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
*For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
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presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED
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