UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6389
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TRADON MARQUEZ DRAYTON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon. James P. Jones, District
Judge. (1:04-cr-00009-JPJ-RSB-1; 1:12-cv-80499-JPJ-RSB)
Submitted: June 20, 2013 Decided: June 26, 2013
Before GREGORY, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tradon Marquez Drayton, Appellant Pro Se. Anthony Paul Giorno,
Assistant United States Attorney, Ashley Brooke Neese, OFFICE OF
THE UNITED STATES ATTORNEY, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Tradon Marquez Drayton seeks to appeal the district
court’s order construing his petition for a writ of audita
querela as a successive 28 U.S.C.A. § 2255 (West Supp. 2013)
motion, and dismissing it for lack of jurisdiction. 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’s order was entered on the docket
on August 20, 2012. The notice of appeal was filed on February
28, 2013. * Because Drayton failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal
*
For the purpose of this appeal, we assume that the date
appearing on the 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
(1988).
2
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
3