United States v. Uzenski ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-8026
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
THOMAS EDWARD UZENSKI,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard,
Senior District Judge. (4:02-cr-00026-H-1; 4:06-cv-00235-H)
Submitted: January 14, 2010 Decided: January 22, 2010
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Edward Uzenski, Appellant Pro Se. Anne Margaret Hayes,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Thomas Edward Uzenski seeks to appeal the district
court’s order granting the Government’s motion to dismiss
Uzenski’s 28 U.S.C.A. § 2255 (West Supp. 2009) motion for
failure to state a claim. 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). This
appeal period is “mandatory and jurisdictional.” Browder v.
Dir., Dep’t of Corr., 434 U.S. 257, 264 (1978) (quoting United
States v. Robinson, 361 U.S. 220, 229 (1960)).
The district court’s order was entered on the docket
on November 14, 2008. The notice of appeal is deemed filed on
October 30, 2009. See Houston v. Lack, 487 U.S. 266 (1988).
Because Uzenski 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
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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