Stacey Jones v. State of Maryland

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:16-cv-01624-PWG Copies to all parties and the district court/agency. [1000016584]. Mailed to: Stacey Jones. [16-7366]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-7366

STACEY JONES,
Petitioner - Appellant,
v.
STATE OF MARYLAND,
Respondent - Appellee.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Paul W. Grimm, District Judge. (8:16cv-01624-PWG)

Submitted:

January 31, 2017

Decided:

February 3, 2017

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Stacey Jones, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Stacey Jones seeks to appeal the district court’s order
construing

his

petition

filed

pursuant

to

28

U.S.C.

§ 2241

(2012) as a 28 U.S.C. § 2254 (2012) petition and dismissing it
as untimely.

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
August 4, 2016.
2016. *

The notice of appeal was filed on September 30,

Because Jones failed to file a timely notice of appeal or

to obtain an extension or reopening of the appeal period, we
dismiss the appeal.
facts

and

legal

We dispense with oral argument because the

contentions

are

*

adequately

presented

in

the

We assume, for the purpose of this appeal, 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,
276 (1988).

2

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.
DISMISSED

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