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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing James Larry Bellamy's appeal of the district court's denial of his 28 U.S.C. § 2255 motion for lack of jurisdiction. The district court entered its order denying Bellamy's motion on August 10, 2010. However, Bellamy did not file his notice of appeal until December 3, 2010, well past the 60 day deadline. As a result, the Court of Appeals dismissed the appeal because Bellamy failed to timely file his notice of appeal or obtain an extension, making the filing untimely and depriving the court of jurisdiction to hear the appeal.

    Original Description:

    Filed: 2011-04-06 Precedential Status: Non-Precedential Docket: 10-7705

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing James Larry Bellamy's appeal of the district court's denial of his 28 U.S.C. § 2255 motion for lack of jurisdiction. The district court entered its order denying Bellamy's motion on August 10, 2010. However, Bellamy did not file his notice of appeal until December 3, 2010, well past the 60 day deadline. As a result, the Court of Appeals dismissed the appeal because Bellamy failed to timely file his notice of appeal or obtain an extension, making the filing untimely and depriving the court of jurisdiction to hear the appeal.

    Copyright:

    Public Domain
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    11 views3 pages

    United States v. Bellamy, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing James Larry Bellamy's appeal of the district court's denial of his 28 U.S.C. § 2255 motion for lack of jurisdiction. The district court entered its order denying Bellamy's motion on August 10, 2010. However, Bellamy did not file his notice of appeal until December 3, 2010, well past the 60 day deadline. As a result, the Court of Appeals dismissed the appeal because Bellamy failed to timely file his notice of appeal or obtain an extension, making the filing untimely and depriving the court of jurisdiction to hear the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7705

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    JAMES LARRY BELLAMY,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    James C. Fox, Senior
    District Judge. (7:99-cr-00049-F-2; 7:03-cv-00015-F)

    Submitted:

    March 31, 2011

    Decided:

    April 6, 2011

    Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Larry Bellamy, Appellant Pro Se.


    John Samuel Bowler,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James

    Larry

    Bellamy

    seeks

    to

    appeal

    the

    district

    courts order denying relief on his 28 U.S.C.A. 2255 (West


    Supp.

    2010)

    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 courts final judgment or
    order to note an appeal, 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 courts order was entered on the docket
    on August 10, 2010.
    3, 2010.

    The notice of appeal was filed on December

    Because Bellamy 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

    For the purpose of this appeal, we assume


    appearing on the notice of appeal is the earliest
    have been properly deposited in the institutions
    system for mailing to the court. Fed. R. App. P.
    v. Lack, 487 U.S. 266 (1988)

    that the date


    date it could
    internal mail
    4(c); Houston

    in the materials before the court and argument would not aid the
    decisional process.
    DISMISSED

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