UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-6747
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CORNELL WINFREI MCCLURE, a/k/a Droopy,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, Senior District
Judge. (8:01-cr-00367-DKC-1; 8:08-cv-01830-DKC)
Submitted: October 18, 2016 Decided: October 21, 2016
Before WILKINSON, KING, and FLOYD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Cornell Winfrei McClure, Appellant Pro Se. Bryan E. Foreman,
Assistant United States Attorney, Greenbelt, Maryland, James
Marton Trusty, Assistant United States Attorney, Washington,
D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Cornell Winfrei McClure seeks to appeal the district
court’s order denying 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
August 10, 2011. The notice of appeal was filed on May 3, 2016.
Because McClure 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
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