US v. Curtis Robinson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:11-cr-00357-BR-2,5:13-cv-00673-BR Copies to all parties and the district court/agency. [999404842].. [14-6647]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6647
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
CURTIS JEFFREY ROBINSON,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:11-cr-00357-BR-2; 5:13-cv-00673-BR)
Submitted:
July 24, 2014
Before FLOYD and
Circuit Judge.
THACKER,
Decided:
Circuit
Judges,
and
July 29, 2014
DAVIS,
Senior
Dismissed by unpublished per curiam opinion.
Curtis Jeffrey Robinson, Appellant Pro Se.
Parker, Ethan A. Ontjes, Assistant United
Raleigh, North Carolina, for Appellee.
Jennifer P. MayStates Attorneys,
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Curtis Jeffrey Robinson seeks to appeal the district
court’s orders denying his 28 U.S.C. § 2255 (2012) motion and
his motion for reconsideration.
of
jurisdiction
because
the
We dismiss the appeal for lack
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
jurisdictional requirement.”
of
appeal
in
a
civil
“[T]he
case
is
a
Bowles v. Russell, 551 U.S. 205,
214 (2007).
The
district
court
entered
the
Robinson’s § 2255 motion on October 9, 2013.
order
denying
Robinson timely
filed a motion for reconsideration, staying the appeal period
until the court’s denial of that motion on November 14, 2013.
See Fed. R. App. P. 4(a)(4)(A); Fed. R. Civ. P. 59(e).
notice of appeal was filed on April 22, 2014. *
*
The
Because Robinson
For the purpose of this appeal, we assume that the date
appearing on the envelope in which Robinson filed his notice of
appeal is the earliest date it could have been properly
(Continued)
2
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failed
to
extension
appeal.
legal
before
Filed: 07/29/2014
file
or
a
timely
reopening
of
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notice
the
of
appeal
appeal
or
period,
to
we
obtain
dismiss
an
the
We dispense with oral argument because the facts and
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED
delivered to prison officials for mailing to the court.
App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
3
Fed. R.
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