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United States v. Joey White, 17-6318 (2017)

Court: Court of Appeals for the Fourth Circuit Number: 17-6318 Visitors: 94
Filed: Jul. 18, 2017
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6318 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOEY LAMAR WHITE, a/k/a Little Joey, a/k/a Black, a/k/a Savage, Defendant - Appellant. Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. Louise W. Flanagan, District Judge. (2:11-cr-00028-FL-1; 2:14-cv- 00037-FL) Submitted: July 5, 2017 Decided: July 18, 2017 Before NIEMEYER, KEENAN, and HARRIS, Circuit Judges.
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                                     UNPUBLISHED

                       UNITED STATES COURT OF APPEALS
                           FOR THE FOURTH CIRCUIT


                                       No. 17-6318


UNITED STATES OF AMERICA,

                     Plaintiff - Appellee,

              v.

JOEY LAMAR WHITE, a/k/a Little Joey, a/k/a Black, a/k/a Savage,

                     Defendant - Appellant.



Appeal from the United States District Court for the Eastern District of North Carolina, at
Elizabeth City. Louise W. Flanagan, District Judge. (2:11-cr-00028-FL-1; 2:14-cv-
00037-FL)


Submitted: July 5, 2017                                           Decided: July 18, 2017


Before NIEMEYER, KEENAN, and HARRIS, Circuit Judges.


Dismissed by unpublished per curiam opinion.


Joey Lamar White, Appellant Pro Se. James Bradsher, Shailika S. Kotiya, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.


Unpublished opinions are not binding precedent in this circuit.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

       Joey Lamar White seeks to appeal the district court’s order accepting the

recommendation of the magistrate judge and denying relief on 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, 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 February 24, 2016. The

notice of appeal was filed on March 3, 2017. * Because White 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 materials before this court and argument would not aid the

decisional process.

                                                                               DISMISSED



       *
        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

Source:  CourtListener

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