Billy Courtright v. Warden Young ( 2023 )

USCA4 Appeal: 22-7204 Doc: 9 Filed: 03/24/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-7204
BILLY JACK COURTRIGHT,
Petitioner - Appellant,
v.
WARDEN YOUNG,
Respondent - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Beckley. Frank W. Volk, District Judge. (5:21-cv-00353)
Submitted: March 21, 2023 Decided: March 24, 2023
Before WYNN and RICHARDSON, Circuit Judges, and KEENAN, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Billy Jack Courtright, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 22-7204 Doc: 9 Filed: 03/24/2023 Pg: 2 of 2
PER CURIAM:
Billy Jack Courtright, a federal prisoner, seeks to appeal the district court’s order
dismissing his 28 U.S.C. § 2241 petition. 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 July 5, 2022. Courtright filed the notice of
appeal on October 12, 2022. * Because Courtright 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 Courtright 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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