Opinion
21-6383
07-28-2021
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. LUCAS VASQUEZ-CHAVARRIA, Defendant-Appellant.
Lucas Vasquez-Chavarria, Appellant Pro Se.
UNPUBLISHED
Submitted: July 20, 2021
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James. C. Dever III, District Judge. (5:17-cr-00004-D-1; 5:19-cv-00544-D)
Lucas Vasquez-Chavarria, Appellant Pro Se.
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM.
Lucas Vasquez-Chavarria see ks to appeal the district court's order denying his 28 U.S.C. § 2255 motion. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.
In civil cases where the United States is a party, parties have 60 days after the entry of the district court's final judgment or order to note an appeal, 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 entered its order on August 18, 2020. Vasquez-Chavarria filed the notice of appeal on March 9, 2021.[*] Because Vasquez-Chavarria 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 Vasquez-Chavarria could have delivered the notice to prison officials for mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).