United States of America v. Derek Jacquan Wiggins, a/k/a DJ

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 22-6755
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEREK JACQUAN WIGGINS, a/k/a DJ,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Terrence W. Boyle, District Judge. (4:17-cr-00053-BO-4; 4:19-cv-00039-BO)
Submitted: November 17, 2022 Decided: November 23, 2022
Before KING, QUATTLEBAUM, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Derek Jacquan Wiggins, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Derek Jacquan Wiggins seeks to appeal the district court’s order denying relief on
his 28 U.S.C. § 2255 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 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 31, 2022. Wiggins filed the notice of
appeal on June 23, 2022.* Because Wiggins 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 this court and argument would not aid the
decisional process.
DISMISSED
* For the purpose of this appeal, we assume that the date appearing on the notice of
appeal is the earliest date Wiggins could have delivered the notice to prison officials for
mailing to the court. Fed. R. App. P. 4(c)(1); Houston v. Lack, 487 U.S. 266, 276 (1988).

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