John Boyd, Jr. v. US


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999956020-2]; denying Motion for transcript at government expense [999956026-2] Originating case number: 2:13-cv-00064-JPB-MJA. Copies to all parties and the district court/agency. [1000031106]. Mailed to: John Lee Boyd Jr.. [16-7319]

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Appeal: 16-7319 Doc: 9 Filed: 02/27/2017 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7319 JOHN LEE BOYD, JR., Plaintiff - Appellant, v. UNITED STATES OF AMERICA; TERRY O’BRIEN, Warden of USPHazelton; GILLEY, Captain of USP-Hazelton; POISSONNIER, Lieutenant of USP-Hazelton; HELMS, No. 1 Morning Watch Correctional Officer; OSBORNE, No. 2 Morning Watch Correctional Officer; PRICE, No. 1 Morning Watch Correctional Officer; ALLEN, Captains Secretary; HOSKIN, No. 1 Morning Watch Correctional Officer; STAUFFER, Lieutenant of USP-Hazelton, Defendants - Appellees. Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. John Preston Bailey, District Judge. (2:13-cv-00064-JPB-MJA) Submitted: February 23, 2017 Decided: February 27, 2017 Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. John Lee Boyd, Jr., Appellant Pro Se. Betsy C. Jividen, Erin Carter Tison, Assistant United States Attorneys, Wheeling, West Virginia, for Appellees. Appeal: 16-7319 Doc: 9 Filed: 02/27/2017 Pg: 2 of 4 Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 16-7319 Doc: 9 Filed: 02/27/2017 Pg: 3 of 4 PER CURIAM: John Lee Boyd, Jr., seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and denying relief on his action filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). 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 July 26, 2016. 2016. The notice of appeal was filed on September 29, Because Boyd failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis, deny Boyd’s motion for preparation of a transcript at government expense, and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials 3 Appeal: 16-7319 before Doc: 9 this Filed: 02/27/2017 court and Pg: 4 of 4 argument would not aid the decisional process. DISMISSED 4

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