573 F. App'x 280

David FELTON, Petitioner-Appellant, v. L.V. STEVENSON, Respondent-Appellee.

No. 14-6061.

United States Court of Appeals, Fourth Circuit.

Submitted: May 22, 2014.

Decided: May 29, 2014.

David Felton, Appellant Pro Se.

Before TRAXLER, Chief Judge, and HAMILTON and DAVIS, Senior Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David Felton seeks to appeal the district court’s order construing his Fed.R.Civ.P. 60(b) motion as a successive 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 thirty 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on November 18, 2013. The notice of appeal was filed on December 25, 2013.* Because Felton 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 *281pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED.

Felton v. Stevenson
573 F. App'x 280

Case Details

Name
Felton v. Stevenson
Decision Date
May 29, 2014
Citations

573 F. App'x 280

Jurisdiction
United States

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