UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7924
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEVIN WAYNE MCDANIELS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior
District Judge. (7:06-cr-00036-HMH-1; 7:15-cv-02671-HMH)
Submitted: April 21, 2016 Decided: April 26, 2016
Before WILKINSON, KING, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kevin Wayne McDaniels, Appellant Pro Se. Alan Lance Crick,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kevin Wayne McDaniels seeks to appeal the district court’s
order dismissing as successive his 28 U.S.C. § 2255 (2012)
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 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 order was entered on the docket on
July 7, 2015. The notice of appeal was filed, at the earliest,
on November 17, 2015. Because McDaniels 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 McDaniels’
motions to expedite, to appoint counsel, to amend exhibits, and
for bail or release pending 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
2
3