Opinion

United States v. Christopher Brown

  • 467 F. App'x 235
Court
Court of Appeals for the Fourth Circuit
Filed
Feb 23, 2012
Status
Unpublished
On the bench
Shedd, Keenan, Wynn
Cited by
0 cases
Authority
More cited than 20.0%

The opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 11-7661

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

CHRISTOPHER LARONN BROWN,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Greensboro. Catherine C. Eagles,

District Judge. (1:04-cr-00095-CCE-1)

Submitted: February 16, 2012 Decided: February 23, 2012

Before SHEDD, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Christopher Laronn Brown, Appellant Pro Se. Robert Albert

Jamison Lang, Angela Hewlett Miller, Assistant United States

Attorneys, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Christopher Laronn Brown seeks to appeal the district

court’s order denying his Rule 60(b) 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 May 3, 2011. The notice of appeal was filed on November 22,

2011. * Because Brown failed to file a timely notice of appeal or

to obtain an extension or reopening of the appeal period, we

dismiss the appeal. We also deny his motion to file a

*

For the purpose of this appeal, we assume that the date

appearing on the notice of appeal is the earliest date it could

have been properly delivered to prison officials for mailing to

the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266

(1988).

2

supplemental brief. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

DISMISSED

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.