US v. Jessie Yarborough, No. 09-7862 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7862 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JESSIE YARBOROUGH, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Anderson. G. Ross Anderson, Jr., Senior District Judge. (8:05-cr-00809-GRA-2) Submitted: May 20, 2010 Decided: May 25, 2010 Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges. Dismissed by unpublished per curiam opinion. Jessie Yarborough, Appellant Pro Se. William Jacob Watkins, Jr., OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Jessie Yarborough seeks to appeal the district court s order denying relief on his 28 U.S.C.A. § 2255 (West Supp. 2009) motion. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. 1 When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty 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). timely filing of a notice jurisdictional requirement. of appeal in a civil case [T]he is a Bowles v. Russell, 551 U.S. 205, 214 (2007). The district court s order was entered on the docket on May 6, 2008, and the court s orders denying reconsideration were entered on June 12, 2008, and January 7, 2009. of appeal was filed on September 24, 2009. 2 The notice Because Yarborough 1 This court previously denied a certificate of appealability and dismissed Yarborough s appeal of the district court s order denying reconsideration of the denial of his § 2255 motion. United States v. Yarborough, 330 F. App x 45 (4th Cir. 2009) (No. 09-6236). 2 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 (Continued) 2 failed to file a timely extension or reopening appeal. We deny notice of the of appeal appeal Yarborough s motions or period, to to we place obtain dismiss the abeyance and for a certificate of appealability. case an the in We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. DISMISSED the court. (1988). Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 3
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