UNITED STATES of America, Plaintiff-Appellee, v. Juan CALDERON, Defendant-Appellant, 698 F. App'x 100

Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Juan Calderon seeks to appeal the district court’s order denying his 28 U.S.C. § 2255 (2012) 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, 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007). The district court’s order was entered on the docket on June 5, 2015. The notice of appeal was filed, at the earliest, on April 10, 2017. Because Calderon failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal.

We deny as moot Calderon’s motion for a certificate of appealability and 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 Although Dent’s informal brief also identifies the district court’s March 17, 2016, order dismissing the action in part and granting

summary judgment in part, we conclude that we lack jurisdiction to review that order. See Fed. R, App. P. 3(c)(1)(B); Jackson v. Lightsey, 775 F.3d 170, 176-77 (4th Cir. 2014). For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 276, 108 S.Ct 2379, 101 L.Ed.2d 245 (1988).