US v. Rayford Knight, No. 09-6372 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-6372 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RAYFORD KNIGHT, a/k/a Cherokee, a/k/a Chief, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, District Judge. (1:93-cr-00022-BEL-1) Submitted: January 19, 2010 Decided: January 26, 2010 Before NIEMEYER, KING, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Rayford Knight, Appellant Pro Se. John Francis Purcell, Jr., Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rayford Knight seeks to appeal the district court s order denying his Motion to Enforce Judgment of Termination of Charges Pursuant to 28 U.S.C. § 1361. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. The district court entered its judgment on April 14, 2008. Knight s notice of appeal was filed, at the earliest, on January 27, 2009. well beyond the Thus, Knight s notice of appeal was filed appeal period established by Rule 4 of the Federal Rules of Appellate Procedure. Because appeal, we Knight dismiss the judgment is denied. facts and materials legal before failed appeal. to file Knight s a timely motion notice for of default We dispense with oral argument because the contentions are adequately the and argument court presented would not in the 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. See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988). 2

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