Opinion
No. 15-7924
04-26-2016
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. KEVIN WAYNE MCDANIELS, Defendant - Appellant.
Kevin Wayne McDaniels, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee.
UNPUBLISHED Appeal from the United States District Court for the District of South Carolina, at Spartanburg. Henry M. Herlong, Jr., Senior District Judge. (7:06-cr-00036-HMH-1; 7:15-cv-02671-HMH) Before WILKINSON, KING, and KEENAN, Circuit Judges. Dismissed by unpublished per curiam opinion. Kevin Wayne McDaniels, Appellant Pro Se. Alan Lance Crick, Assistant United States Attorney, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Kevin Wayne McDaniels seeks to appeal the district court's order dismissing as successive 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 July 7, 2015. The notice of appeal was filed, at the earliest, on November 17, 2015. Because McDaniels failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny McDaniels' motions to expedite, to appoint counsel, to amend exhibits, and for bail or release pending 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