Filed: Jun. 03, 2014
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6462 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRI LYNN NAGY-PHILLIPS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:12-cr-00037-RBS-DEM-1; 2:13-cv-00456-RBS) Submitted: May 29, 2014 Decided: June 3, 2014 Before SHEDD, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion.
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 14-6462 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. TERRI LYNN NAGY-PHILLIPS, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Rebecca Beach Smith, Chief District Judge. (2:12-cr-00037-RBS-DEM-1; 2:13-cv-00456-RBS) Submitted: May 29, 2014 Decided: June 3, 2014 Before SHEDD, WYNN, and THACKER, Circuit Judges. Dismissed by unpublished per curiam opinion. ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-6462
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
TERRI LYNN NAGY-PHILLIPS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, Chief
District Judge. (2:12-cr-00037-RBS-DEM-1; 2:13-cv-00456-RBS)
Submitted: May 29, 2014 Decided: June 3, 2014
Before SHEDD, WYNN, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Terri Lynn Nagy-Phillips, Appellant Pro Se. Randy Carl Stoker,
Assistant United States Attorney, Norfolk, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Terri Lynn Nagy-Phillips seeks to appeal the district
court’s order denying her Fed. R. Civ. P. 59(e) motion to alter
or amend the court’s order denying 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 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 November 6, 2013. The notice of appeal was filed on March
18, 2014. * Because Nagy-Phillips 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
*
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
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
DISMISSED
3