547 F. App'x 245

UNITED STATES of America, Plaintiff-Appellee, v. Elver Diaz-VEGA, a/k/a Elver Vega-Diaz, a/k/a Elver Mendez-Vega, a/k/a Al, a/k/a Raymond Sanchez, Defendant-Appellant.

No. 13-7538.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 21, 2013.

Decided: Nov. 26, 2013.

Elver Diaz-Vega, Appellant Pro Se. Susan Zalkin Hitt, Stanley D. Ragsdale, Julius Ness Richardson, Assistant United States Attorneys, Jeffrey Mikell Johnson, James Chris Leventis, Jr., Office of the *246United States Attorney, Columbia, South Carolina, for Appellee.

Before KING, DUNCAN, and DIAZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Elver Diaz-Vega 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on the docket on May 23, 2013. The notice of appeal was filed on September 19, 2013.* Because Diaz-Vega failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny a certificate of appealability 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.

United States v. Diaz-Vega
547 F. App'x 245

Case Details

Name
United States v. Diaz-Vega
Decision Date
Nov 26, 2013
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547 F. App'x 245

Jurisdiction
United States

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