United States v. Adrian Parker , 627 F. App'x 203 ( 2015 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-7436
    UNITED STATES OF AMERICA,
    Plaintiff – Appellee,
    v.
    ADRIAN PARKER, a/k/a Great One, a/k/a Rock,
    Defendant - Appellant.
    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.     Frank D. Whitney,
    Chief District Judge. (3:10-cr-00087-FDW-4; 3:14-cv-00676-FDW)
    Submitted:   December 17, 2015            Decided:   December 22, 2015
    Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Adrian Parker, Appellant Pro Se. Steven R. Kaufman, Assistant
    United States Attorney, Charlotte, North Carolina, for Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Adrian Parker seeks to appeal the district court’s order
    denying      relief    on   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
    May 18, 2015.          The notice of appeal was filed on September 1,
    2015. *    Because Parker failed to file a timely notice of appeal
    or to obtain an extension or reopening of the appeal period, we
    deny a certificate of appealability and dismiss the appeal.                   We
    dispense      with     oral   argument     because   the   facts     and    legal
    *Forthe 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
    contentions   are   adequately   presented   in   the   materials   before
    this court and argument would not aid the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 15-7436

Citation Numbers: 627 F. App'x 203

Judges: Diaz, Harris, Hamilton

Filed Date: 12/22/2015

Precedential Status: Non-Precedential

Modified Date: 11/6/2024