LeAnthony Winston v. Commonwealth of Virginia

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 23, 2022
• Docket: 22-6811
• Status: Unpublished

Opinion

USCA4 Appeal: 22-6811 Doc: 10 Filed: 11/23/2022 Pg: 1 of 2

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-6811

LEANTHONY T. WINSTON,

Petitioner - Appellant,

v.

COMMONWEALTH OF VIRGINIA,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Mark S. Davis, Chief District Judge. (2:20-cv-00323-MSD-RJK)

Submitted: November 17, 2022 Decided: November 23, 2022

Before KING, QUATTLEBAUM, and RUSHING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

LeAnthony T. Winston, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-6811 Doc: 10 Filed: 11/23/2022 Pg: 2 of 2

PER CURIAM:

LeAnthony T. Winston seeks to appeal the district court’s order dismissing his

petition for a writ of mandamus. 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 April 8, 2022. Winston filed the notice of

appeal on July 10, 2022. * Because Winston failed to file a timely notice of appeal or to

obtain an extension or reopening of the appeal period, we dismiss the appeal. Further, we

deny his pending motions for injunctive relief and for judicial review and relief from

conviction.

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 Winston 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).