UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7030
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ISIAH LAND,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:01-cr-00197-RBS; 2:04-cv-00662-RBS)
Submitted: October 17, 2006 Decided: October 20, 2006
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Isiah Land, Appellant Pro Se. James Ashford Metcalfe, Assistant
United States Attorney, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Isiah Land seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2255 (2000) motion. We dismiss
the appeal for lack of jurisdiction because the notice of appeal
was not timely filed.
When the United States or its officer or agency is a
party, the notice of appeal must be filed no more than sixty days
after the entry of the district court’s final judgment or order,
Fed. R. App. P. 4(a)(1)(B), 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). This appeal period is
“mandatory and jurisdictional.” Browder v. Dir., Dep’t of Corr.,
434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361
U.S. 220, 229 (1960)).
The district court’s order was entered on the docket on
April 12, 2005.* The notice of appeal was filed on May 30, 2006.
Because the notice of appeal was untimely, we deny Land’s motion
for a Government voucher and benefits, deny a certificate of
appealability, and dismiss the appeal. We dispense with oral
argument because the facts and legal contentions are adequately
presented in the materials before the court and argument would not
aid the decisional process.
DISMISSED
*
Although the district court’s judgment was not set forth on
a separate document, judgment was entered pursuant to Fed. R. Civ.
P. 58(b)(2)(B) on September 9, 2005.
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