Elawyers Elawyers
Washington| Change

United States v. Ashlei Renee Robinson, 15-7485 (2015)

Court: Court of Appeals for the Fourth Circuit Number: 15-7485 Visitors: 9
Filed: Dec. 18, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7485 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ASHLEI RENEE ROBINSON, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, Chief District Judge. (7:12-cr-00102-GEC-JCH-1; 7:14-cv-80725-GEC- RSB) Submitted: December 15, 2015 Decided: December 18, 2015 Before GREGORY and FLOYD, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed b
More
                             UNPUBLISHED

                   UNITED STATES COURT OF APPEALS
                       FOR THE FOURTH CIRCUIT


                             No. 15-7485


UNITED STATES OF AMERICA,

                 Plaintiff - Appellee,

          v.

ASHLEI RENEE ROBINSON,

                 Defendant - Appellant.



Appeal from the United States District Court for the Western
District of Virginia, at Roanoke.      Glen E. Conrad, Chief
District Judge.   (7:12-cr-00102-GEC-JCH-1; 7:14-cv-80725-GEC-
RSB)


Submitted:   December 15, 2015             Decided:    December 18, 2015


Before GREGORY    and   FLOYD,   Circuit   Judges,    and   DAVIS,   Senior
Circuit Judge.


Dismissed by unpublished per curiam opinion.


Ashlei Renee Robinson, Appellant Pro Se.        Ronald Andrew
Bassford, Assistant United States Attorney, Roanoke, Virginia,
for Appellee.


Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

      Ashlei Renee Robinson seeks to appeal the district court’s

order adopting the recommendation of the magistrate judge and

denying     relief       on   her      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,

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

April 6, 2015.          The notice of appeal was filed on September 14,

2015. *    Because Robinson 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   in   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
,
276 (1988).



                                             2
materials   before   this   court   and   argument   would   not    aid   the

decisional process.



                                                                   DISMISSED




                                    3

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer