Opinion
No. 20-6261
09-28-2020
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. VINCENT DONTA WHITE, Defendant - Appellant.
Vincent Donta White, Appellant Pro Se.
UNPUBLISHED
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:16-cr-00026-CCE-1; 1:17-cv-01082-CCE-JLW) Before HARRIS and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Vincent Donta White, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:
Vincent Donta White seeks to appeal the district court's order adopting the magistrate judge's recommendation and dismissing his 28 U.S.C. § 2255 motion to vacate. 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 in a civil case, 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 entered its order on December 3, 2019. White filed the notice of appeal on February 4, 2020. Because White failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny White's motion for a certificate of appealability and dismiss the appeal.
For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date White 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). --------
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