James Clark v. Director of Dept of Correction, No. 12-6268 (4th Cir. 2012)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-6268 JAMES F. CLARK, Petitioner - Appellant, v. DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, Respondent - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:11-cv-00442-GEC) Submitted: July 26, 2012 Decided: August 1, 2012 Before MOTZ, DAVIS, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. James F. Clark, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: James F. Clark seeks to appeal the district court s order denying relief on 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 September 16, 2011. February 13, 2012. The notice of appeal was filed on Because Clark failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny Clark s motion to proceed in forma pauperis and we 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

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