Terrance Sykes v. Christopher Zych

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 7:13-cv-00207-SGW-RSB Copies to all parties and the district court/agency. [999324183]. Mailed to: Terrance Sykes. [13-7612]

Appeal: 13-7612

Doc: 12

Filed: 03/27/2014

Pg: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-7612

TERRANCE SYKES,
Petitioner - Appellant,
v.
CHRISTOPHER ZYCH, Warden,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.
Samuel G. Wilson, District
Judge. (7:13-cv-00207-SGW-RSB)

Submitted:

March 25, 2014

Decided:

March 27, 2014

Before GREGORY, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Terrance Sykes, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-7612

Doc: 12

Filed: 03/27/2014

Pg: 2 of 3

PER CURIAM:
Terrance Sykes seeks to appeal the district court’s
orders dismissing his 28 U.S.C. § 2241 (2012) petition, denying
his

motion

for

reconsideration,

correct a clerical error.

and

denying

his

motion

to

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).
timely

filing

of

a

notice

of

jurisdictional requirement.”

appeal

in

a

civil

case

“[T]he
is

a

Bowles v. Russell, 551 U.S. 205,

214 (2007).
The last of the district court’s orders that Sykes
challenges was entered on the docket on June 5, 2013.
notice of appeal was filed on September 20, 2013. *
failed

to

file

a

timely

notice

of

appeal

or

The

Because Sykes
to

obtain

an

extension or reopening of the appeal period, we deny leave to
*

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,
276 (1988).

2

Appeal: 13-7612

Doc: 12

Filed: 03/27/2014

Pg: 3 of 3

proceed in forma pauperis and 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

3