The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6350
DANIEL BROWN, a/k/a Daniel M. Brown,
Petitioner - Appellant,
v.
WARDEN LEVERN COHEN,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Bruce H. Hendricks, District
Judge. (4:14-cv-03659-BHH)
Submitted: June 23, 2016 Decided: June 29, 2016
Before MOTZ, KING, and WYNN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Daniel Brown, Appellant Pro Se. Donald John Zelenka, Senior
Assistant Attorney General, Melody Jane Brown, Assistant
Attorney General, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel Brown seeks to appeal the district court’s order
denying his motion to alter or amend a prior order denying
relief on his 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 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
October 20, 2015. The notice of appeal was filed, at the
earliest, on March 3, 2016. Because Brown failed to file a
timely notice of appeal or to obtain an extension or reopening
of the appeal period, we dismiss the appeal. We deny Brown’s
motion to amend his informal brief. 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
2