Wendell Pixley v. Jeffrey Pleasant
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000034241-2] Originating case number: 3:16-cv-00416-REP-RCY Copies to all parties and the district court/agency. . Mailed to: Jeffrey A. Pleasant. [16-7626]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JEFFREY A. PLEASANT,
Petitioner - Appellant,
WENDELL W. PIXLEY, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, Senior
District Judge. (3:16-cv-00416-REP-RCY)
March 30, 2017
April 4, 2017
Before TRAXLER and WYNN, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
Jeffrey A. Pleasant, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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Jeffrey A. Pleasant seeks to appeal the district court’s
order construing his 28 U.S.C. § 2241 (2012) petition as a 28
U.S.C. § 2255 (2012) motion, and dismissing it as successive.
Pleasant’s notice of appeal was not timely filed.
In civil actions in which the federal government is not a
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
September 15, 2016.
The notice of appeal was filed on November
nature of the filing requirement and Pleasant’s failure to file
a timely notice of appeal deprive this court of jurisdiction.
dismiss the appeal.
We dispense with oral argument because the
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