John Garvin v. Willie Eagleton

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion certificate of appealability (Local Rule 22(a)) [999198489-2] Originating case number: 8:12-cv-01165-JMC Copies to all parties and the district court/agency. [999226553]. Mailed to: Garvin. [13-7540]

Appeal: 13-7540

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7540

JOHN H. GARVIN,
Petitioner – Appellant,
v.
WILLIE EAGLETON,
Defendant - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
J. Michelle Childs, District
Judge. (8:12-cv-01165-JMC)

Submitted:

October 22, 2013

Decided:

October 25, 2013

Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John H. Garvin, Appellant Pro Se. Brendan McDonald, OFFICE OF
THE ATTORNEY GENERAL OF SOUTH CAROLINA, Donald John Zelenka,
Senior Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John H. Garvin seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
dismissing

Garvin’s

untimely.

We

28

dismiss

U.S.C.
the

§ 2254

appeal

for

(2006)
lack

of

petition

as

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 July 24, 2013.
2013. *

The notice of appeal was filed on August 25,

Because Garvin failed to file a timely notice of appeal

or to obtain an extension or reopening of the appeal period, we
deny

Garvin’s

motion

dismiss the appeal.
facts

and

legal

for

a

certificate

of

appealability

and

We dispense with oral argument because the

contentions

are

*

adequately

presented

in

the

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).

2

Appeal: 13-7540

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.

DISMISSED

3