Herman White v. Department of Corrections, No. 16-7092 (4th Cir. 2016)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7092 HERMAN WHITE, Petitioner - Appellant, v. DEPARTMENT OF CORRECTIONS, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John A. Gibney, Jr., District Judge. (3:16-cv-00159-JAG-RCY) Submitted: November 22, 2016 Before DIAZ and Circuit Judge. THACKER, Circuit Decided: Judges, November 28, 2016 and DAVIS, Senior Dismissed by unpublished per curiam opinion. Herman White, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Herman White seeks to appeal the district court’s order dismissing his challenge to his state conviction for failing to complete order. and file the standardized forms directed by court 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 June 8, 2016. 2016. The notice of appeal was filed on August 12, Because White 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. We dispense contentions with are oral argument adequately because presented in the facts and the materials legal before this court and argument would not aid the decisional process. DISMISSED 2
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