UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-6461
ORLANDO DEMON DUGGINS,
Petitioner – Appellant,
v.
UNITED STATES OF AMERICA,
Respondent – Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, Senior District
Judge. (1:09-cv-02823-WMN)
Submitted: October 14, 2010 Decided: October 21, 2010
Before MOTZ, KING, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Orlando Demon Duggins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Orlando Demon Duggins seeks to appeal the district
court’s order denying relief on his petition for writ of error
audita querela. 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). “[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 November 12, 2009. The notice of appeal was filed on March
22, 2010. * Because Duggins 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
*
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
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).
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in the materials before the court and argument would not aid the
decisional process.
DISMISSED
3