United States v. Johnson , 208 F. App'x 194 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7302
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES LARRY JOHNSON,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Senior
District Judge. (3:95-cr-00020-2; 3:98-cv-00438)
Submitted: November 21, 2006 Decided: December 1, 2006
Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Larry Johnson, Appellant Pro Se. Amy Elizabeth Ray, OFFICE
OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
James Larry Johnson seeks to appeal the district court’s
order denying relief on his 28 U.S.C. § 2255 (2000) 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 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 7, 2001. The notice of appeal was filed on July 12,
2006.* Because Johnson failed to file a timely notice of appeal or
to obtain an extension or reopening of the appeal period, we deny
his motion for a certificate of appealability as moot and dismiss
the appeal. We dispense with oral argument because the facts and
*
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).
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legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
DISMISSED
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