Rayvern Green v. Warden M. McCall

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999473776-2]; denying Motion for other relief [999488894-2] Originating case number: 6:13-cv-02486-JMC Copies to all parties and the district court/agency. [999537634]. Mailed to: Rayvern Green. [14-7524]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 14-7524

RAYVERN EARL GREEN,
Plaintiff - Appellant,
v.
WARDEN M. MCCALL; MICHAEL MCCALL; A. J. PADULA, Warden,
Defendants - Appellees.

Appeal from the United States District Court for the District of
South Carolina, at Greenville.
J. Michelle Childs, District
Judge. (6:13-cv-02486-JMC)

Submitted:

February 25, 2015

Decided:

March 2, 2015

Before NIEMEYER, KING, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rayvern Earl Green, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Rayvern

Earl

Green

seeks

to

appeal

the

district

court’s order accepting the magistrate judge’s recommendation to
dismiss his 42 U.S.C. § 1983 (2012) action against Defendants.
Green has also filed an application to proceed in forma pauperis
and a motion for a copy of Lee Correctional Institution’s log
books.

We deny Green’s application to proceed in forma pauperis

and his motion for a copy of Lee Correctional Institution’s log
books, and we dismiss the appeal for lack of jurisdiction.
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.”
The

Bowles v. Russell, 551 U.S. 205, 214 (2007).
district

court’s

docket on January 13, 2014.

judgment

is

untimely.

Because

entered

on

the

Green did not file his notice of

appeal until October 13, 2014. *
appeal

was

Accordingly, Green’s notice of
Green

failed

to

file

a

timely

notice of appeal or obtain an extension or reopening of the
appeal period, we deny his application for in forma pauperis
*

Houston v. Lack, 487 U.S. 266, 270 (1988).

2

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status and dismiss the appeal for lack of jurisdiction.

We also

deny Green’s motion for a copy of Lee Correctional Institution’s
log books.
legal
before

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

DISMISSED

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