Kevin Dotson v. Warden of KMCC

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999523037-2], updating fee code. Originating case number: 7:13-cv-00529-JLK-RSB. Copies to all parties and the district court/agency. [999587835]. Mailed to: Kevin Terry Dotson. [15-6037]

Appeal: 15-6037

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-6037

KEVIN TERRY DOTSON,
Petitioner - Appellant,
v.
WARDEN OF KEEN MOUNTAIN CORRECTIONAL CENTER,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Jackson L. Kiser, Senior
District Judge. (7:13-cv-00529-JLK-RSB)

Submitted:

May 11, 2015

Decided:

May 21, 2015

Before NIEMEYER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kevin Terry Dotson, Appellant Pro Se. Rosemary Virginia Bourne,
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Unpublished opinions are not binding precedent in this circuit.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:
Kevin Terry Dotson seeks to appeal the district court’s
order

dismissing

his

28

U.S.C.

§ 2254

(2012)

petition.

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
November 7, 2014.
2015. *

The notice of appeal was filed on January 5,

Because Dotson 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

with

oral

argument

*

because

the

facts

and

legal

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

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contentions

are

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adequately

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presented

in

the

materials

before

this court and argument would not aid the decisional process.

DISMISSED

3