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Date: 12-03-2021
Case Style:
United States of America v. Tyrone Young
Case Number: 21-6874
Judge: Before MOTZ, THACKER, and HARRIS, Circuit Judges.
Court:
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
On appeal from The United States District Court for the Western District of Virginia, at
Danville
Plaintiff's Attorney: Kari Kristina Munro, OFFICE OF THE UNITED
STATES ATTORNEY
Defendant's Attorney:
Description:
Richmond, VA - Criminal defense lawyer represented defendant with appealing the district court’s order dismissing his motion as untimely.
When the United States or its officer or agency is a party in a civil case, the notice
of appeal must be filed no more than 60 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 entered its order on March 16, 2021. Young filed his notice of
appeal, at the earliest, on May 26.
∗ Because Young 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 Young’s motion to appoint counsel.
Outcome:
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
Plaintiff's Experts:
Defendant's Experts:
Comments: