United States of America v. Raheem Aquna Green

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6043
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RAHEEM AQUNA GREEN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Wilmington. Terrence W. Boyle, District Judge. (7:18-cr-00022-BO-2; 7:19-cv-00227-
BO)
Submitted: November 23, 2021 Decided: November 29, 2021
Before NIEMEYER, FLOYD, and RUSHING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Raheem Aquna Green, Appellant Pro Se. Jennifer P. May-Parker, Assistant United States
Attorney, Joshua L. Rogers, Assistant United States Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Raheem Aquna Green, a federal prisoner, 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 November 6, 2020. Green filed the notice of
appeal on January 6, 2021. Because Green failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we deny his motion for appointment
of counsel and 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

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