US v. George Cleveland, III

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:99-cr-01012-GRA-1,8:14-cv-04727-GRA Copies to all parties and the district court/agency. [999720092]. Mailed to: George Cleveland, III. [15-7100]

Appeal: 15-7100

Doc: 10

Filed: 12/17/2015

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7100

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GEORGE CLEVELAND, III,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Anderson.
G. Ross Anderson, Jr., Senior
District Judge. (8:99-cr-01012-GRA-1; 8:14-cv-04727-GRA)

Submitted:

December 15, 2015

Before GREGORY
Circuit Judge.

and

FLOYD,

Decided:

Circuit

Judges,

December 17, 2015

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

George Cleveland, III, Appellant Pro Se. William Corley Lucius,
Assistant United States Attorney, Greenville, South Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 15-7100

Doc: 10

Filed: 12/17/2015

Pg: 2 of 2

PER CURIAM:
George Cleveland, III, seeks to appeal the district court’s
order denying relief on 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 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’s order was entered on the docket on
March

10,

2015.

The

notice

earliest, on May 16, 2015.

of

appeal

was

filed,

at

the

Because Cleveland failed to file a

timely notice of appeal or to obtain an extension or reopening
of the appeal period, we dismiss the appeal.
oral

argument

adequately

because

presented

in

the
the

facts

and

materials

legal
before

We dispense with
contentions
this

court

are
and

argument would not aid the decisional process.
DISMISSED

2