United States v. Foote
Opinion of the Court
Unpublished opinions are not binding precedent in this circuit.
Travis Lamont Foote seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. Parties to a civil action in which the United States or its officer or agency is a party are accorded 60 days after the entry of the district court’s final judgment or order to note an appeal. Fed. R. App. P. 4(a)(1)(B). However, the district court may extend the time to file a notice of appeal if a party moves for an extension of the appeal period within 30 days after the expiration of the original appeal period and demonstrates excusable neglect or good cause to warrant an extension. Fed. R. App. P. 4(a)(5); see Washington v. Bumgarner, 882 F.2d 899, 900-01 (4th Cir. 1989). “[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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).
The district court’s final judgment was entered on the docket on December 24, 2015. Foote’s notice of appeal was filed on February 24, 2016,
REMANDED
See Houston v. Lack, 487 U.S, .266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
Reference
- Full Case Name
- United States v. Travis Lamont FOOTE, a/k/a Cash
- Status
- Published