US v. Keith Davi

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:11-cr-00512-MBS-1,3:13-cv-02591-MBS. Copies to all parties and the district court. [999801193]. Mailed to: Keith Davis. [16-6224]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-6224

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KEITH A. DAVIS, a/k/a Black,
Defendant - Appellant.

Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Margaret B. Seymour, Senior
District Judge. (3:11-cr-00512-MBS-1; 3:13-cv-02591-MBS)

Submitted:

April 19, 2016

Decided:

April 22, 2016

Before AGEE, DIAZ, and THACKER, Circuit Judges.

Affirmed in part and dismissed in part by unpublished per curiam
opinion.

Keith A. Davis, Appellant Pro Se. John David Rowell, Assistant
United States Attorney, Columbia, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Keith A. Davis seeks to appeal the district court’s order
denying his Fed. R. Civ. P. 59(e) motion for reconsideration of
the dismissal of his 28 U.S.C. § 2255 (2012) motion.

He also

appeals the district court’s order denying his Fed. R. Civ. P.
52(b) motion for amended findings and his motion to amend the
Rule

52(b)

motion.

We

dismiss

the

appeal

for

lack

of

jurisdiction in part and affirm in part.
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 denying Davis’ Rule 59(e) motion
was entered on the docket on August 26, 2015.
appeal was filed on February 8, 2016. *

The notice of

Because Davis failed to

file a timely notice of appeal or to obtain an extension or
*For

the purpose of this appeal, we assume that the date
appearing on the 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
(1988).

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reopening of the appeal period, we dismiss his appeal of that
order.
Davis’ appeal is timely as to the district court’s order
denying his motion for amended findings and motion to amend.
However, the motions were themselves untimely because Davis did
not file them in the district court within 28 days of the entry
of judgment on his § 2255 motion.
We

therefore

motions.
legal
before

affirm

the

See Fed. R. Civ. P. 52(b).

district

court’s

denial

of

these

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.

AFFIRMED IN PART;
DISMISSED IN PART

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