# Daniel Brown v. Levern Cohen

> Court of Appeals for the Fourth Circuit · June 29, 2016 · 653 F. App'x 224

URL: https://www.frixlaw.com/law-library/cases/3218322

## Case

- **Full name:** Daniel BROWN, A/K/A Daniel M. Brown, Petitioner-Appellant, v. Warden Levern COHEN, Respondent-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** June 29, 2016
- **Citations:** 653 F. App'x 224
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Motz, King, Wynn
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3218322. Public record. Not legal advice.