John Robinson v. Anthony Padula

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:09-cv-01977-JMC Copies to all parties and the district court/agency. [998580074]. Mailed to: John B. Robinson. [10-7568]

Appeal: 10-7568

Document: 9

Date Filed: 05/02/2011

Page: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-7568

JOHN BERNARD ROBINSON,
Petitioner - Appellant,
v.
ANTHONY PADULA, Warden of Lee Correctional Institution,
Respondent - Appellee,
and
STATE OF SOUTH CAROLINA,
Defendant.

Appeal from the United States District Court for the District of
South Carolina, at Aiken.
J. Michelle Childs, District Judge.
(1:09-cv-01977-JMC)

Submitted:

April 28, 2011

Decided:

May 2, 2011

Before DAVIS, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Bernard Robinson, Appellant Pro Se.
Donald John Zelenka,
Deputy Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 10-7568

Document: 9

Date Filed: 05/02/2011

Page: 2 of 2

PER CURIAM:
John
court’s
judge

order
and

petition.

Bernard

accepting

denying
We

Robinson
the

relief

dismiss

the

seeks

to

appeal

recommendation
on

his

appeal

of

28

lack

the

U.S.C.

for

the

district

magistrate

§ 2254
of

(2006)

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 judgment was entered on September
15, 2010, and the notice of appeal was deposited in the prison’s
internal mail system on October 20, 2010.
4(c);

Houston

v.

Lack,

487

U.S.

266,

See Fed. R. App. P.
276

(1988).

Because

Robinson failed to file a timely notice of appeal or to obtain
an extension or reopening of the appeal period, we dismiss the
appeal.
legal
before

We dispense with oral argument because the facts and

contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED
2