Ikeisha Perry v. Catherine Kendall, for Leath Correctional

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6027
IKEISHA PERRY,
Petitioner - Appellant,
v.
CATHERINE KENDALL, for Leath Correctional,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. David C. Norton, District Judge.
(4:11-cv-00434-DCN)
Submitted: April 23, 2015 Decided: April 28, 2015
Before SHEDD, DUNCAN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ikeisha Perry, 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Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Ikeisha Perry seeks to appeal the district court’s order
adopting the recommendation of the magistrate judge and
dismissing her 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 (2007).
The district court’s order was filed on October 14, 2011,
and entered on the docket on October 17, 2011. The notice of
appeal was filed on January 5, 2015. Because Perry failed to
file a timely notice of appeal or to obtain an extension or
reopening of the appeal period, we 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

-- 2 of 2 --