United States of America v. Wayne L. Lewis

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-6375
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WAYNE L. LEWIS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of Virginia, at
Richmond. Henry E. Hudson, Senior District Judge. (3:15-cr-00144-HEH-RCY-1)
Submitted: August 21, 2025 Decided: August 26, 2025
Before WILKINSON, HARRIS, and RICHARDSON, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Wayne L. Lewis, Appellant Pro Se. Peter Sinclair Duffey, Assistant United States
Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Richmond, Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Wayne L. Lewis seeks to appeal the district court’s order denying his petitions for
writs of error coram nobis. 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 December 16, 2024, and the appeal period
expired on February 14, 2025. Lewis filed the notice of appeal on April 17, 2025.* Because
Lewis 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 postmark date appearing on the
envelope containing the notice of appeal is the earliest date Lewis 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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