US v. Kenneth Reid

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 0:04-cr-00353-CMC-1,0:09-cv-70126-CMC. Copies to all parties and the district court. [1000032127]. Mailed to: Kenneth Reid. [17-6029]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6029

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; 0:09-cv-70126-CMC)

Submitted:

February 23, 2017

Decided:

February 28, 2017

Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Dismissed by unpublished per curiam opinion.

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

Unpublished opinions are not binding precedent in this circuit.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
order denying
We dismiss

the

relief
appeal

on

his

for

28

lack

U.S.C.
of

§ 2255

(2012)

jurisdiction

motion.

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
September

17,

2010.

January 6, 2017. *

The

notice

of

appeal

was

filed

on

Because Reid failed to file a timely notice of

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

We dispense with oral argument

because the facts and legal contentions are adequately presented

*

For the purpose of this appeal, we assume that the 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.
See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 276
(1988).

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in the materials before this court and argument would not aid
the decisional process.

DISMISSED

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