UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-7862
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESSIE YARBOROUGH,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. G. Ross Anderson, Jr., Senior
District Judge. (8:05-cr-00809-GRA-2)
Submitted: May 20, 2010 Decided: May 25, 2010
Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jessie Yarborough, Appellant Pro Se. William Jacob Watkins,
Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jessie Yarborough seeks to appeal the district court’s
order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009)
motion. We dismiss the appeal for lack of jurisdiction because
the notice of appeal was not timely filed. 1
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). “[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’s order was entered on the docket
on May 6, 2008, and the court’s orders denying reconsideration
were entered on June 12, 2008, and January 7, 2009. The notice
of appeal was filed on September 24, 2009. 2 Because Yarborough
1
This court previously denied a certificate of
appealability and dismissed Yarborough’s appeal of the district
court’s order denying reconsideration of the denial of his
§ 2255 motion. United States v. Yarborough, 330 F. App’x 45
(4th Cir. 2009) (No. 09-6236).
2
For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
(Continued)
2
failed to file a timely notice of appeal or to obtain an
extension or reopening of the appeal period, we dismiss the
appeal. We deny Yarborough’s motions to place the case in
abeyance and for a certificate of appealability. 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
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
3