U.S. v. Evangelo Bowden

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:08-cr-00084-D-1,7:12-cv-00213-D Copies to all parties and the district court/agency. [999307815].. [13-7402]

Appeal: 13-7402

Doc: 13

Filed: 03/04/2014

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7402

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EVANGELO RANDOLPH BOWDEN,
Defendant - Appellant.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:08-cr-00084-D-1; 7:12-cv-00213-D)

Submitted:

February 27, 2014

Decided:

March 4, 2014

Before NIEMEYER, KING, and AGEE, Circuit Judges.

Dismissed by unpublished per curiam opinion.

G. Alan DuBois, Assistant Federal Public Defender, Raleigh,
North Carolina, for Appellant.
Jennifer P. May-Parker,
Assistant United States Attorney, Raleigh, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-7402

Doc: 13

Filed: 03/04/2014

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PER CURIAM:
Evangelo Randolph Bowden seeks to appeal the district
court’s order granting in part and denying in part 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 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).

“[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 July 1, 2013.
2013.

The notice of appeal was filed on September 3,

Because Bowden failed to file a timely notice of appeal

or to obtain an extension or reopening of the appeal period, we
dismiss the appeal.
facts

and

materials

legal
before

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.

DISMISSED
2