William Allen Owens v. Warden

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999903052-2] Originating case number: 5:14-cv-03685-RBH Copies to all parties and the district court/agency. [999940870]. Mailed to: Owens. [16-6787]

Appeal: 16-6787

Doc: 8

Filed: 10/04/2016

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6787

WILLIAM ALLEN OWENS,
Petitioner - Appellant,
v.
WARDEN PERRY CORRECTIONAL INSTITUTION,
Respondent - Appellee,
and
SOUTH CAROLINA, State of,
Respondent.

Appeal from the United States District Court for the District of
South Carolina, at Orangeburg.
R. Bryan Harwell, District
Judge. (5:14-cv-03685-RBH)

Submitted:

September 29, 2016

Decided:

October 4, 2016

Before SHEDD, KEENAN, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Allen Owens, Appellant Pro Se.
Donald John Zelenka,
Senior Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-6787

Doc: 8

Filed: 10/04/2016

Pg: 2 of 2

PER CURIAM:
William Allen Owens seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation
and

dismissing

Owens’

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
June 23, 2015.

The notice of appeal was filed on June 7, 2016.

Because Owens 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.
dispense

with

contentions

are

oral

argument

adequately

because

presented

in

the
the

facts

We

and

legal

materials

before

this court and argument would not aid the decisional process.

DISMISSED

2