United States v. Jones

U.S. Court of Appeals for the Fourth Circuit
United States v. Jones, 59 F. App'x 586 (4th Cir. 2003)

United States v. Jones

Opinion

PER CURIAM.

Emory Clash Jones seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2000) motion. 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, 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). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Corrections, 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (I960)).

The district court’s order was entered on the docket on April 2, 2002. The notice of appeal was filed, by counsel, on June 6, 2002. Because Jones failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny Jones’ motion for a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court *587 and argument would not aid the decisional process.

DISMISSED.

1

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Emory Clash JONES, Defendant-Appellant
Status
Unpublished