Larry Blakney v. US, No. 22-6294 (4th Cir. 2022)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 22-6294 LARRY BLAKNEY, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:21-hc-02127-BO) Submitted: June 23, 2022 Decided: June 28, 2022 Before WYNN and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Larry Blakney, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry Blakney seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2241 petition without prejudice for failure to exhaust available remedies. 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 June 29, 2021. Blakney filed the notice of appeal on March 2, 2022. * Because Blakney 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 Blakney’s motions for bail or release pending appeal and to dismiss the district court proceedings and 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 postmark date appearing on the envelope containing the notice of appeal is the earliest date Blakney could have delivered the appeal 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). * 2
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