Filed: Jun. 03, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6303 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IBRAHIM MOHAMED HAOUTAR, a/k/a Alex, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:11-cr-00312-LO-2; 1:12-cv-01074-LO) Submitted: May 29, 2014 Decided: June 3, 2014 Before SHEDD, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Ibra
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6303 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. IBRAHIM MOHAMED HAOUTAR, a/k/a Alex, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O’Grady, District Judge. (1:11-cr-00312-LO-2; 1:12-cv-01074-LO) Submitted: May 29, 2014 Decided: June 3, 2014 Before SHEDD, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. Ibrah..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6303
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
IBRAHIM MOHAMED HAOUTAR, a/k/a Alex,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Liam O’Grady, District
Judge. (1:11-cr-00312-LO-2; 1:12-cv-01074-LO)
Submitted: May 29, 2014 Decided: June 3, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ibrahim Mohamed Haoutar, Appellant Pro Se. Rebeca Hidalgo
Bellows, Assistant United States Attorney, Alexandria, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Ibrahim Mohamed Haoutar seeks to appeal the district
court’s order denying 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 the United States or its officer or agency is a
party to the case, the notice of appeal must be filed no more
than sixty 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 August 14, 2013. The notice of appeal was filed on February
17, 2014. * Because Haoutar 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
Haoutar’s motion for appointment of counsel, and dismiss the
*
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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appeal. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
DISMISSED
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