United States v. Knight ( 2010 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-6372
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAYFORD KNIGHT, a/k/a Cherokee, a/k/a Chief,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, District Judge.
(1:93-cr-00022-BEL-1)
Submitted: January 19, 2010 Decided: January 26, 2010
Before NIEMEYER, KING, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rayford Knight, Appellant Pro Se. John Francis Purcell, Jr.,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Rayford Knight seeks to appeal the district court’s
order denying his “Motion to Enforce Judgment of Termination of
Charges Pursuant to 28 U.S.C. § 1361.” We dismiss the appeal
for lack of jurisdiction because the notice of appeal was not
timely filed.
The district court entered its judgment on April 14,
2008. Knight’s notice of appeal was filed, at the earliest, on
January 27, 2009. ∗ Thus, Knight’s notice of appeal was filed
well beyond the appeal period established by Rule 4 of the
Federal Rules of Appellate Procedure.
Because Knight failed to file a timely notice of
appeal, we dismiss the appeal. Knight’s motion for default
judgment is denied. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
materials before the 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 it could
have been properly delivered to prison officials for mailing to
the court. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487
U.S. 266, 276 (1988).
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