Rayvern Green v. Warden McCall, No. 14-7524 (4th Cir. 2015)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-7524 RAYVERN EARL GREEN, Plaintiff - Appellant, v. WARDEN M. MCCALL; MICHAEL MCCALL; A. J. PADULA, Warden, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. J. Michelle Childs, District Judge. (6:13-cv-02486-JMC) Submitted: February 25, 2015 Decided: March 2, 2015 Before NIEMEYER, KING, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Rayvern Earl Green, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rayvern Earl Green seeks to appeal the district court’s order accepting the magistrate judge’s recommendation to dismiss his 42 U.S.C. § 1983 (2012) action against Defendants. Green has also filed an application to proceed in forma pauperis and a motion for a copy of Lee Correctional Institution’s log books. We deny Green’s application to proceed in forma pauperis and his motion for a copy of Lee Correctional Institution’s log books, and we dismiss the appeal for lack of jurisdiction. 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.” The Bowles v. Russell, 551 U.S. 205, 214 (2007). district court’s docket on January 13, 2014. judgment is untimely. Because entered on the Green did not file his notice of appeal until October 13, 2014. * appeal was Accordingly, Green’s notice of Green failed to file a timely notice of appeal or obtain an extension or reopening of the appeal period, we deny his application for in forma pauperis * Houston v. Lack, 487 U.S. 266, 270 (1988). 2 status and dismiss the appeal for lack of jurisdiction. We also deny Green’s motion for a copy of Lee Correctional Institution’s log books. legal before We dispense with oral argument because the facts and contentions this court are adequately and argument presented would not in aid the the materials decisional process. DISMISSED 3
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