Professional Documents
Culture Documents
No. 14-6203
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
James R. Spencer, District
Judge. (3:10-cv-00808-JRS)
Submitted:
Decided:
PER CURIAM:
Michael Antwuan Williams seeks to appeal the district
courts
order
petition.
denying
We
dismiss
relief
the
on
his
appeal
28
for
U.S.C.
lack
2254
of
(2012)
jurisdiction
courts
final
judgment
or
order
to
note
an
appeal,
Lack of notice of
the entry does not affect the time for appeal or relieveor
authorize the court to relievea party for failing to appeal
within the time allowed, except as allowed by Federal Rule of
Appellate Procedure (4)(a).
Rule
4(a)(6)
of
Federal
Rules
of
Appellate
not
received
twenty-one
days
notice
after
of
entry,
the
but
judgment
the
motion
or
order
within
requesting
such
relief must be filed within 180 days after entry of the judgment
or order or fourteen days after the party received notice of the
judgment
4(a)(6).
or
order,
whichever
is
earlier.
Fed.
R.
App.
P.
jurisdictional.
to
mailing
reopen
on
the
January
appeal
27,
period
2014.
See
to
prison
Fed.
R.
officials
App.
P.
for
4(c);
Williams
period.
is
not
eligible
for
reopening
of
the
appeal
(9th Cir. 1995); Hensley v. Chesapeake & Ohio Ry. Co., 651 F.2d
226, 228 (4th Cir. 1981).
Accordingly, because Williams failed to file a timely
notice of appeal or to obtain an extension of the appeal period
and is not eligible for reopening of the appeal period, we deny
leave
to
proceed
We dispense
with
contentions
are
in
oral
forma
pauperis
argument
adequately
and
because
presented
in
dismiss
the
the
facts
the
materials
appeal.
and
legal
before
this court and argument would not aid the decisional process.
DISMISSED