Corey E. Johnson v. Loretta K. Kelly
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999979201-2] Originating case number: 3:07-cv-00731-JRS Copies to all parties and the district court/agency. . Mailed to: Corey E. Johnson SUSSEX II STATE PRISON 24427 Musselwhite Drive Waverly, VA 23891-2222. [16-7521]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
COREY E. JOHNSON,
Petitioner – Appellant,
LORETTA K. KELLY, Warden, Sussex I State Prison,
Respondent – Appellee,
UNITED STATES OF AMERICA,
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, Senior
District Judge. (3:07-cv-00731-JRS)
February 16, 2017
Before GREGORY, Chief Judge,
HAMILTON, Senior Circuit Judge.
February 22, 2017
Dismissed by unpublished per curiam opinion.
Corey E. Johnson, Appellant Pro Se. Leah A. Darron, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
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Unpublished opinions are not binding precedent in this circuit.
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Corey E. Johnson seeks to appeal the district court’s order
denying Johnson’s motions for reconsideration of the district
because the notice of appeal was not timely filed.
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).
filing of a notice of appeal in a civil case is a jurisdictional
Bowles v. Russell, 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket on
March 25, 2016.
The notice of appeal was filed on October 27,
Because Johnson 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.
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
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this court and argument would not aid the decisional process.
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