United States v. Martinez Black ( 2023 )

USCA4 Appeal: 22-7378 Doc: 9 Filed: 03/21/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7378
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MARTINEZ ORLANDIS BLACK,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Robert J. Conrad, Jr., District Judge. (3:06-cr-00364-RJC-1; 3:09-cv-00121-
RJC)
Submitted: March 16, 2023 Decided: March 21, 2023
Before WILKINSON, AGEE, and HARRIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Martinez Orlandis Black, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-7378 Doc: 9 Filed: 03/21/2023 Pg: 2 of 2
PER CURIAM:
Martinez Orlandis Black seeks to appeal the district court’s order dismissing his 28
U.S.C. § 2255 motion as untimely. 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 in a civil case, 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 entered its order on April 27, 2009. Black filed the notice of
appeal on November 17, 2022. * Because Black 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 materials before this 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 Black could have delivered the notice to prison officials for
mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).
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