UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 12-7434

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

BERNARD BOSTIC,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:08-cr-00060-TLW-1)

Submitted: November 2, 2012 Decided: November 6, 2012

Before WILKINSON, KEENAN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Bernard Bostic, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

Bernard Bostic seeks to appeal the district court’s

order denying his “Motion to Rectify the Record.” 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). “[T]he

timely filing of a notice of appeal in a civil case is a

jurisdictional requirement.” Bowles v. Russell,

(2007).

The district court’s order was entered on the docket

on April 3, 2012. The notice of appeal was filed on August 19,

2012. * Because Bostic failed to file a timely notice of appeal

or to obtain an extension or reopening of the appeal period, we

dismiss the appeal. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

* 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. Fed. R. App. P. 4(c); Houston v. Lack,

(1988).

2 materials before the court and argument would not aid the

decisional process.

DISMISSED

3