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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Cedric Alexander's appeal of the denial of his 28 U.S.C. § 2255 motion. The court dismissed the appeal because Alexander's notice of appeal was filed more than 60 days after the district court's final judgment, making it untimely. The court has no jurisdiction over an appeal if the notice of appeal is not filed within the mandatory 60-day period, with no extensions granted. Therefore, the court dismissed the appeal.

    Original Description:

    Filed: 2006-05-19 Precedential Status: Non-Precedential Docket: 05-7189

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Cedric Alexander's appeal of the denial of his 28 U.S.C. § 2255 motion. The court dismissed the appeal because Alexander's notice of appeal was filed more than 60 days after the district court's final judgment, making it untimely. The court has no jurisdiction over an appeal if the notice of appeal is not filed within the mandatory 60-day period, with no extensions granted. Therefore, the court dismissed the appeal.

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    Public Domain
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    11 views2 pages

    United States v. Alexander, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Cedric Alexander's appeal of the denial of his 28 U.S.C. § 2255 motion. The court dismissed the appeal because Alexander's notice of appeal was filed more than 60 days after the district court's final judgment, making it untimely. The court has no jurisdiction over an appeal if the notice of appeal is not filed within the mandatory 60-day period, with no extensions granted. Therefore, the court dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-7189

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    CEDRIC LEVAR ALEXANDER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James H. Michael, Jr., Senior
    District Judge. (CR-01-35; CA-04-393)

    Submitted: May 16, 2006

    Decided: May 19, 2006

    Before WILLIAMS, MOTZ, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    John Weber III, WEBER PEARSON, PC, Roanoke, Virginia; Robert Allen
    Ratliff, ROBERT A. RATLIFF, PC, Mobile, Alabama, for Appellant.
    Ray B. Fitzgerald, Jr., OFFICE OF THE UNITED STATES ATTORNEY,
    Charlottesville, Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Cedric Levar Alexander seeks to appeal the district
    courts order denying relief on his 28 U.S.C. 2255 (2000) motion.
    We dismiss the appeal for lack of jurisdiction because the notice
    of appeal was not timely filed.
    When the United States is a party, a notice of appeal
    must be filed no more than sixty days after the entry of the
    district

    courts

    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).
    jurisdictional.

    This appeal period is mandatory and

    Browder v. Director, Dept of Corr., 434 U.S.

    257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220,
    229 (1960)).
    The district courts judgment was entered on the docket
    on

    May

    26,

    2005.

    electronically

    filed

    Alexanders
    the

    notice

    counsel
    of

    appeal

    certified
    on

    July

    that
    26,

    he

    2005.

    Because Alexander 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


    the court and argument would not aid the decisional process.

    DISMISSED

    - 2 -

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