Jeriton Curry v. US, No. 23-6128 (4th Cir. 2023)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 23-6128 JERITON LAVAR CURRY, Petitioner - Appellant, v. UNITED STATES OF AMERICA, Respondent - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:22-cv-00180-MOC) Submitted: August 29, 2023 Before KING, AGEE, and BENJAMIN, Circuit Judges. Affirmed by unpublished per curiam opinion. Jeriton Lavar Curry, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Decided: August 31, 2023 PER CURIAM: Jeriton Lavar Curry appeals the district court’s order denying relief on his 28 U.S.C. § 2241 petition in which he sought to challenge his sentence by way of the savings clause in 28 U.S.C. § 2255. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order. Curry v. United States, No. 3:22-cv00180-MOC (W.D.N.C. Sept. 1, 2022). ∗ We deny Curry’s pending motions. 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. AFFIRMED Curry filed his notice of appeal on December 12, 2022, more than 60 days after the district court dismissed his petition. See Fed. R. App. P. 4(a)(1)(B). However, the court did not enter its final order until March 27, 2023, when it denied Curry’s pending motion to amend. Accordingly, we conclude that Curry’s notice of appeal was timely. See Porter v. Zook, 803 F.3d 694, 696 (4th Cir. 2015); Fed. R. App. P. 4(a)(2). ∗ 2
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