United States v. Jermain Hill
United States v. Jermain Hill
Opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 19-7307
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAIN SANTELL HILL,
Defendant - Appellant.
No. 19-7323
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAIN SANTELL HILL,
Defendant - Appellant.
Appeals from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr., Senior District Judge. (2:15-cr-00026-1; 2:16-cr- 00210-1; 2:18-cv-00075)
Submitted: November 19, 2019 Decided: November 22, 2019 Before WILKINSON and RICHARDSON, Circuit Judges, and TRAXLER, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jermain Santell Hill, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
2 PER CURIAM:
Jermain Santell Hill seeks to appeal the district court’s order accepting the
recommendation of the magistrate judge and denying relief on Hill’s
28 U.S.C. § 2255(2012) motion. The order is not appealable unless a circuit justice or judge issues a
certificate of appealability. See
28 U.S.C. § 2253(c)(1)(B) (2012). We dismiss the appeals
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 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 July 1, 2019. Hill filed the notice of appeal
on September 9, 2019. Because Hill failed to file a timely notice of appeal or to obtain an
extension or reopening of the appeal period, we dismiss the appeals. Accordingly, we also
deny a certificate of appealability. 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.
DISMISSED
3
Reference
- Status
- Unpublished