Herman S. Dawson v. Eddie M. Buffaloe, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-7286
HERMAN S. DAWSON,
Petitioner - Appellant,
v.
EDDIE M. BUFFALOE, JR.,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:21-hc-02213-FL)
Submitted: April 18, 2024 Decided: April 22, 2024
Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Herman S. Dawson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Herman Dawson seeks to appeal the district court’s order dismissing without
prejudice as untimely his 28 U.S.C. § 2254 petition.∗ 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 September 28, 2023. Dawson filed the notice
of appeal on December 8, 2023. Because Dawson 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 dismissal order is final and appealable because the district court did not grant
leave to amend. Britt v. DeJoy, 45 F.4th 790, 791 (4th Cir. 2022) (en banc) (order).

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