UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7994
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH ROSHAUN REID,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Cameron McGowan Currie, Senior
District Judge. (0:04-cr-00353-CMC-1; 0:13-cv-01943-CMC)
Submitted: February 5, 2016 Decided: February 19, 2016
Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kenneth Roshaun Reid, Appellant Pro Se. Beth Drake, Jimmie
Ewing, William Kenneth Witherspoon, Assistant United States
Attorneys, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenneth Roshaun Reid seeks to appeal the district court’s
July 18, 2013 order dismissing his July 2013 28 U.S.C. § 2255
(2012) motion as successive, December 9, 2013 order treating his
December 2013 motion to reopen as a successive § 2255 motion and
dismissing the motion, February 26, 2014 order treating his
February 2014 letter as a successive § 2255 motion and
dismissing the motion, and May 12, 2015 order denying his May
2015 motions for an evidentiary hearing and to amend and
correct. 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 60 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 orders were entered on the docket on
July 18, 2013, December 9, 2013, February 26, 2014, and May 12,
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2015. The notice of appeal was filed on December 7, 2015. *
Because Reid 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
* For the purpose of this appeal, we assume that the
postmark date appearing on the envelope containing the undated
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, 276 (1988).
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