UNITED STATES of America, Plaintiff-Appellee, v. Montgomery Joseph ISNER, a/k/a Montgomery Joe Carter, Defendant-Appellant.
Montgomery Joseph Isner seeks to appeal the district court's order accepting the recommendation of the magistrate judge and dismissing Isner's § 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, 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 September 21, 2017. The notice of appeal was filed on January 5, 2018. Because Isner 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Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.