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UNPUBLISHED PER CURIAM OPINION filed.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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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.