Filed: Aug. 21, 2012
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7005 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. MATTHEW TROY EVANS, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:05-cr-00259-WDQ-1; 1:11-cv-01336-WDQ) Submitted: August 16, 2012 Decided: August 21, 2012 Before KING and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7005 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. MATTHEW TROY EVANS, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:05-cr-00259-WDQ-1; 1:11-cv-01336-WDQ) Submitted: August 16, 2012 Decided: August 21, 2012 Before KING and THACKER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-7005
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
MATTHEW TROY EVANS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William D. Quarles, Jr., District
Judge. (1:05-cr-00259-WDQ-1; 1:11-cv-01336-WDQ)
Submitted: August 16, 2012 Decided: August 21, 2012
Before KING and THACKER, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Matthew Troy Evans, Appellant Pro Se. Jefferson McClure Gray,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Matthew Troy Evans seeks to appeal the district
court’s order granting in part and denying in part Evans’ 28
U.S.C.A. § 2255 (West Supp 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, 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 March 29, 2012. The notice of appeal was filed on June 6,
2012. * Because Evans 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
*
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).
2
facts and legal contentions are adequately presented in the
materials before the court and argument would not aid the
decisional process.
DISMISSED
3