In re: GREGORY K. CLINTON, Pro Se Litigant

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6203
In re: GREGORY K. CLINTON, Pro Se Litigant,
Petitioner.
Appeal from the United States District Court for the Northern District of West Virginia, at
Clarksburg. Thomas S. Kleeh, Chief District Judge. (1:22-mc-00049-TSK)
Submitted: April 25, 2023 Decided: April 28, 2023
Before GREGORY, Chief Judge, THACKER, Circuit Judge, and MOTZ, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Gregory K. Clinton, Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Gregory K. Clinton seeks to appeal the district court’s amended order imposing a
prefiling injunction. 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 December 14, 2022. Clinton filed the notice
of appeal on February 22, 2023.* Because Clinton 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
* For the purpose of this appeal, we assume that the date appearing on the notice of
appeal is the earliest date Clinton 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).

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