US v. Kenneth Roshaun Reid

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:04-cr-00353-CMC-1,0:13-cv-01943-CMC Copies to all parties and the district court/agency. [999758098]. Mailed to: Reid. [15-7994]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7994

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KENNETH ROSHAUN REID,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Rock Hill.
Cameron McGowan Currie, Senior
District Judge. (0:04-cr-00353-CMC-1; 0:13-cv-01943-CMC)

Submitted:

February 5, 2016

Decided:

February 19, 2016

Before AGEE and KEENAN, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kenneth Roshaun Reid, Appellant Pro Se.
Beth Drake,
Ewing, William Kenneth Witherspoon, Assistant United
Attorneys, Columbia, South Carolina, for Appellee.

Jimmie
States

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Kenneth Roshaun Reid seeks to appeal the district court’s
July 18, 2013 order dismissing his July 2013 28 U.S.C. § 2255
(2012) motion as successive, December 9, 2013 order treating his
December 2013 motion to reopen as a successive § 2255 motion and
dismissing
February

the
2014

motion,

February

letter

as

a

26,

2014

successive

order

treating

his

§ 2255

motion

and

dismissing the motion, and May 12, 2015 order denying his May
2015

motions

correct.

for

an

evidentiary

hearing

and

to

amend

and

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 orders were entered on the docket on
July 18, 2013, December 9, 2013, February 26, 2014, and May 12,

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2015.

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The notice of appeal was filed on December 7, 2015. *

Because Reid failed to file a timely notice of appeal or to
obtain

an

extension

dismiss the appeal.
facts

and

materials

legal
before

or

reopening

of

the

appeal

period,

we

We dispense with oral argument because the

contentions

are

adequately

this

and

argument

court

presented

would

not

in

the

aid

the

decisional process.
DISMISSED

*

For the purpose of this appeal, we assume that the
postmark date appearing on the envelope containing the undated
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).

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