Background
David Hill, proceeding pro se, sought to appeal a district court order denying relief on various postjudgment motions filed in his twenty-eight U.S.C. section two thousand two hundred fifty-five proceeding. The district court entered its order on February twenty-sixth, two thousand and twenty-five.
The court’s reasoning
The court dismissed the appeal for lack of jurisdiction because the notice of appeal was not timely filed. Under Federal Rule of Appellate Procedure four point a one B, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order in a civil case where the United States is a party. The court cited Bowles versus Russell, stating that timely filing is a jurisdictional requirement. The appeal period expired on April twenty-eighth, two thousand and twenty-five, but Hill filed the notice on November fifth, two thousand and twenty-five. The court noted that Hill failed to file a timely notice or obtain an extension or reopening of the appeal period.
"[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)
What it means going forward
The dismissal prevents the appellate court from reviewing the merits of Hill’s habeas claims due to the procedural failure to file on time.