Derrick Green, a/k/a Duryea Green v. Warden Gregory Werner

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6716
DERRICK GREEN, a/k/a Duryea Green,
Petitioner - Appellant,
v.
WARDEN GREGORY WERNER,
Respondent - Appellee.
Appeal from the United States District Court for the District of Maryland, at Greenbelt.
Paula Xinis, District Judge. (8:20-cv-00777-PX)
Submitted: November 22, 2022 Decided: November 29, 2022
Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Derrick Green, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Derrick Green seeks to appeal the district court’s order dismissing his 28 U.S.C.
§ 2254 petition as time-barred. We dismiss the appeal for lack of jurisdiction because the
notice of appeal was not timely filed.
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 order on October 21, 2022. Green filed the notice of
appeal on June 13, 2022.* Because Green 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
* The District of Columbia Court of Appeals received Green’s notice of appeal on
this date. Green did not date his notice of appeal and no postmark is apparent on the
envelope. See Houston v. Lack, 487 U.S. 266, 276 (1988); Fed. R. App. P. 4(c)(1)
(describing rules for demonstrating timely filing); Fed. R. App. P. 4(d) (providing that
notice of appeal mistakenly filed in court of appeals is deemed filed on date received by
court of appeals).

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