UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6647
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CURTIS JEFFREY ROBINSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:11-cr-00357-BR-2; 5:13-cv-00673-BR)
Submitted: July 24, 2014 Decided: July 29, 2014
Before FLOYD and THACKER, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Curtis Jeffrey Robinson, Appellant Pro Se. Jennifer P. May-
Parker, Ethan A. Ontjes, Assistant United States Attorneys,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Curtis Jeffrey Robinson seeks to appeal the district
court’s orders denying his 28 U.S.C. § 2255 (2012) motion and
his motion for reconsideration. 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 entered the order denying
Robinson’s § 2255 motion on October 9, 2013. Robinson timely
filed a motion for reconsideration, staying the appeal period
until the court’s denial of that motion on November 14, 2013.
See Fed. R. App. P. 4(a)(4)(A); Fed. R. Civ. P. 59(e). The
notice of appeal was filed on April 22, 2014. * Because Robinson
*
For the purpose of this appeal, we assume that the date
appearing on the envelope in which Robinson filed his notice of
appeal is the earliest date it could have been properly
(Continued)
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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 in the materials
before this court and argument would not aid the decisional
process.
DISMISSED
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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