US v. Daniel McNeil

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:10-cr-00406-WO-1,1:13-cv-00718-WO-LPA Copies to all parties and the district court/agency. [1000006380]. Mailed to: Daniel Junior McNeil. [15-7638]

Appeal: 15-7638

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7638

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL JUNIOR MCNEIL,
Defendant - Appellant.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge.
(1:10-cr-00406-WO-1; 1:13-cv-00718WO-LPA)

Submitted:

January 10, 2017

Decided:

January 19, 2017

Before GREGORY, Chief Judge, DUNCAN, Circuit Judge, and DAVIS,
Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Daniel Junior McNeil, Appellant Pro Se.
Lisa Blue Boggs,
Assistant United States Attorney, Greensboro, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Daniel Junior McNeil 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, as here, 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).
timely

filing

of

a

notice

jurisdictional requirement.”

of

appeal

in

a

civil

case

“[T]he
is

a

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

214 (2007).
The district court’s order was entered on the docket on
August 11, 2015.

The district court found on limited remand

from this court that the notice of appeal was not timely filed
under Fed. R. App. P. 4(c)(1).

We review this factual finding

for clear error, see Ray v. Clements, 700 F.3d 993, 1012 (7th
Cir. 2012), and we discern no such error.

Thus, the notice of

appeal was filed on October 16, 2015, beyond the appeal period.
Because McNeil failed to file a timely notice of appeal or to
obtain

an

extension

dismiss the appeal.

or

reopening

of

the

appeal

period,

we

We dispense with oral argument because the
2

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facts

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and

materials

legal
before

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contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

3