Michael Antwuan Williams v. Loretta K. Kelly

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999317832-2] Originating case number: 3:10-cv-00808-JRS Copies to all parties and the district court/agency. [999345942]. Mailed to: Williams. [14-6203]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-6203

MICHAEL ANTWUAN WILLIAMS,
Petitioner - Appellant,
v.
LORETTA K. KELLY, Warden, Sussex I State Prison,
Respondent - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, District
Judge. (3:10-cv-00808-JRS)

Submitted:

April 24, 2014

Decided:

April 29, 2014

Before NIEMEYER, SHEDD, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael Antwuan Williams, Appellant Pro Se.
Alice Theresa
Armstrong, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Michael Antwuan Williams seeks to appeal the district
court’s

order

petition.

denying

We

dismiss

relief
the

on

his

appeal

28
for

U.S.C.
lack

§ 2254

of

(2012)

jurisdiction

because the notice of appeal was not timely filed.
Parties are accorded thirty days after 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).

“Lack of notice of

the entry does not affect the time for appeal or relieve—or
authorize the court to relieve—a party for failing to appeal
within the time allowed, except as allowed by Federal Rule of
Appellate Procedure (4)(a).”
Rule

4(a)(6)

of

Fed. R. Civ. P. 77(d)(2).
the

Federal

Rules

of

Appellate

Procedure permits the reopening of the appeal period if a party
has

not

received

twenty-one

days

notice

after

of

entry,

the
but

judgment
the

motion

or

order

within

requesting

such

relief must be filed within 180 days after entry of the judgment
or order or fourteen days after the party received notice of the
judgment
4(a)(6).

or

order,

whichever

is

earlier.

Fed.

R.

App.

P.

The time requirements of Rule 4(a) are mandatory and

jurisdictional.

Bowles v. Russell, 551 U.S. 205, 208-14 (2007);

Browder v. Dir., Dep’t of Corr., 434 U.S. 257, 264-65 (1978).
2

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The district court’s order was entered on the docket
on August 30, 2011.
motion

to

mailing

reopen

on

Williams delivered a notice of appeal and

the

January

appeal

27,

period

2014.

See

to

prison

Fed.

R.

Houston v. Lack, 487 U.S. 266, 276 (1988).

officials
App.

P.

for

4(c);

In the notice and

motion, Williams claimed he was not “properly notified” of the
district court’s denial decision in time to file a timely notice
of appeal.

However, the 180-day reopening period expired well

before Williams filed his notice of appeal and motion to reopen.
Thus,

Williams

period.

is

not

eligible

for

reopening

of

the

appeal

Nunley v. City of Los Angeles, 52 F.3d 792, 794-95

(9th Cir. 1995); Hensley v. Chesapeake & Ohio Ry. Co., 651 F.2d
226, 228 (4th Cir. 1981).
Accordingly, because Williams failed to file a timely
notice of appeal or to obtain an extension of the appeal period
and is not eligible for reopening of the appeal period, we deny
leave

to

proceed

We dispense

with

contentions

are

in
oral

forma

pauperis

argument

adequately

and

because

presented

in

dismiss

the

the

facts

the

materials

appeal.

and

legal
before

this court and argument would not aid the decisional process.

DISMISSED

3