Jamier Steven Heard v. Erik A. Hooks

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 20-7281
JAMIER STEVEN HEARD,
Petitioner - Appellant,
v.
ERIK A. HOOKS,
Respondent - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Frank D. Whitney, District Judge. (3:19-cv-00268-FDW)
Submitted: May 27, 2022 Decided: June 7, 2022
Before KING, HARRIS, and QUATTLEBAUM, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jamier Steven Heard, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

2
PER CURIAM:
Jamier Steven Heard seeks to appeal the district court’s order denying relief on his
28 U.S.C. § 2254 petition. We previously remanded this case to the district court for the
limited purpose of determining whether Heard was entitled to reopening of the appeal
period pursuant to Fed. R. App. P. 4(a)(6). We now dismiss the appeal for lack of
jurisdiction.
In civil cases, parties have 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 entered its judgment on May 28, 2020. Heard filed the notice of
appeal on August 18, 2020.* Because Heard failed to file a timely notice of appeal and the
district court declined to reopen 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
* For the purpose of this appeal, we assume that the date appearing on the notice of
appeal is the earliest date Heard could have delivered the notice to prison officials for
mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).

-- 2 of 2 --