UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6383
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
LUCAS VASQUEZ-CHAVARRIA,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. James. C. Dever III, District Judge. (5:17-cr-00004-D-1; 5:19-cv-00544-D)
Submitted: July 20, 2021 Decided: July 28, 2021
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Lucas Vasquez-Chavarria, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Lucas Vasquez-Chavarria seeks to appeal the district court’s order denying his 28
U.S.C. § 2255 motion. We dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
In civil cases where the United States is a party, parties have 60 days after the entry
of the district court’s final judgment or order to note an appeal, 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 its order on August 18, 2020. Vasquez-Chavarria filed
the notice of appeal on March 9, 2021. * Because Vasquez-Chavarria 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 date appearing on the notice of
appeal is the earliest date Vasquez-Chavarria could have delivered the notice to prison
officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266,
276 (1988).
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