United States v. Shawna Holmes , 608 F. App'x 159 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-6191
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
SHAWNA MICHELLE HOLMES,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:11-cr-02077-RBH-1; 4:13-cv-02846-RBH)
Submitted: June 25, 2015 Decided: June 29, 2015
Before GREGORY, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shawna Michelle Holmes, Appellant Pro Se. Robert Frank Daley,
Jr., Stanley D. Ragsdale, Assistant United States Attorneys,
Columbia, South Carolina; William E. Day, II, Assistant United
States Attorney, Florence, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Shawna Michelle Holmes seeks to appeal the district court’s
order denying relief on her 28 U.S.C. § 2255 (2012) motion to
vacate, set aside, or correct her sentence. 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 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’s order was entered on the docket on
December 1, 2014, and a second copy thereof was mailed to Holmes
at her new address on December 4, 2014. Thus, the 60-day appeal
period expired, at the latest, on February 2, 2015. Holmes’ notice
of appeal was filed, at the earliest, on February 4, 2015. * Because
Holmes failed to file a timely notice of appeal or to obtain an
*The notice of appeal in this case is not dated, but bears a
postmark of February 5, 2015. For the purpose of this appeal, we
assume that Holmes tendered her notice of appeal to prison
officials for mailing to the court the day prior to the postmark
date. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
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extension or reopening of the appeal period, we deny leave to
proceed in forma pauperis and dismiss the appeal. 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
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