Daniel Brown v. Levern Cohen

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to amend informal brief [999792593-2]. Originating case number: 4:14-cv-03659-BHH. Copies to all parties and the district court. [999873614]. Mailed to: Daniel Brown. [16-6350]

Appeal: 16-6350

Doc: 6

Filed: 06/29/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6350

DANIEL BROWN, a/k/a Daniel M. Brown,
Petitioner - Appellant,
v.
WARDEN LEVERN COHEN,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Florence.
Bruce H. Hendricks, District
Judge. (4:14-cv-03659-BHH)

Submitted:

June 23, 2016

Decided:

June 29, 2016

Before MOTZ, KING, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Daniel Brown, Appellant Pro Se.
Donald John Zelenka, Senior
Assistant
Attorney
General,
Melody
Jane
Brown,
Assistant
Attorney General, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6350

Doc: 6

Filed: 06/29/2016

Pg: 2 of 2

PER CURIAM:
Daniel Brown seeks to appeal the district court’s order
denying

his

motion

to

alter

or

amend

a

prior

relief on his 28 U.S.C. § 2254 (2012) petition.

order

denying

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
October

20,

2015.

The

notice

earliest, on March 3, 2016.

of

appeal

was

filed,

at

the

Because Brown failed to file a

timely notice of appeal or to obtain an extension or reopening
of the appeal period, we dismiss the appeal.
motion

to

amend

his

informal

brief.

We

We deny Brown’s

dispense

with

oral

argument because the facts and legal contentions are adequately
presented in the materials before this court and argument would
not aid the decisional process.
DISMISSED

2