United States of America v. Emil Bortey Stewart

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-6902
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
EMIL BORTEY STEWART,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, Senior
District Judge. (5:07-cr-00140-BR-1; 5:12-cv-00528-BR)
Submitted: October 17, 2013 Decided: October 21, 2013
Before AGEE, DAVIS, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Emil Bortey Stewart, Appellant Pro Se. Ethan A. Ontjes,
Assistant United States Attorney, Seth Morgan Wood, OFFICE OF
THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Emil Bortey Stewart seeks to appeal the district
court’s order denying relief on his 28 U.S.C.A. § 2255 (West
Supp. 2013) 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). “[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 October 17, 2012. The notice of appeal was filed on May 30,
2013. Because Stewart 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
materials before this court and argument would not aid the
decisional process.
DISMISSED

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