Vincent Frayer v. Warden

USCA4 Appeal: 23-6054 Doc: 9 Filed: 05/05/2023 Pg: 1 of 2
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 23-6054
VINCENT FRAYER, JR.,
Petitioner - Appellant,
v.
WARDEN, FCI Beckley,
Respondent - Appellee.
Appeal from the United States District Court for the Southern District of West Virginia, at
Beckley. Frank W. Volk, District Judge. (5:20-cv-00499)
Submitted: March 17, 2023 Decided: May 5, 2023
Before AGEE, Circuit Judge, and TRAXLER and FLOYD, Senior Circuit Judges.
Dismissed by unpublished per curiam opinion.
Vincent Frayer, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
USCA4 Appeal: 23-6054 Doc: 9 Filed: 05/05/2023 Pg: 2 of 2
PER CURIAM:
Vincent Frayer, Jr., seeks to appeal the district court’s order accepting the magistrate
judge’s recommendation and dismissing his 28 U.S.C. § 2241 petition and amended § 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 March 7, 2022. Frayer filed the notice of
appeal on May 20, 2022. * Because Frayer 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 Frayer 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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