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UNPUBLISHED PER CURIAM OPINION filed.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. [1000027928]. Mailed to: Corey E. Johnson SUSSEX II STATE PRISON 24427 Musselwhite Drive Waverly, VA 23891-2222. [16-7521]

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Appeal: 16-7521 Doc: 13 Filed: 02/22/2017 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7521 COREY E. JOHNSON, Petitioner – Appellant, v. LORETTA K. KELLY, Warden, Sussex I State Prison, Respondent – Appellee, and UNITED STATES OF AMERICA, Respondent. 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) Submitted: February 16, 2017 Before GREGORY, Chief Judge, HAMILTON, Senior Circuit Judge. Decided: DUNCAN, February 22, 2017 Circuit Judge, and Dismissed by unpublished per curiam opinion.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 Appellee. Appeal: 16-7521 Doc: 13 Filed: 02/22/2017 Pg: 2 of 4 Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 16-7521 Doc: 13 Filed: 02/22/2017 Pg: 3 of 4 PER CURIAM: Corey E. Johnson seeks to appeal the district court’s order denying Johnson’s motions for reconsideration of the district court’s order petition. denying We dismiss relief the on his appeal 28 for U.S.C. lack § 2254 of (2012) 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 March 25, 2016. 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. 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). 3 Appeal: 16-7521 Doc: 13 contentions are Filed: 02/22/2017 adequately Pg: 4 of 4 presented in the materials before this court and argument would not aid the decisional process. DISMISSED 4

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