United States v. Kenneth Wiley

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 23, 2025
• Docket: 25-6597
• Status: Unpublished

Opinion

USCA4 Appeal: 25-6597 Doc: 5 Filed: 12/23/2025 Pg: 1 of 3

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 25-6597

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

KENNETH JEROME WILEY,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, Chief District Judge. (1:20-cr-00136-CCE-1; 1:23-cv- 00900-CCE)

Submitted: December 18, 2025 Decided: December 23, 2025

Before NIEMEYER and BERNER, Circuit Judges, and TRAXLER, Senior Circuit Judge.

Dismissed by unpublished per curiam opinion.

Kenneth Jerome Wiley, Appellant Pro Se.

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PER CURIAM:

Kenneth Jerome Wiley 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.

“[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). 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). The appeal period commences

when the district court enters a separate judgment implementing its dismissal order, or 150

days after entry of its dismissal order, whichever is earlier. Fed. R. Civ. P. 58(c)(2).

The district court entered its order on September 26, 2024. Because the district

court did not enter a separate judgment, the appeal period began to run on February 23,

2025. It expired on April 24, 2025. Wiley filed the notice of appeal on July 15, 2025. *

Because Wiley failed to file a timely notice of appeal or to obtain an extension or reopening

of the appeal period, we dismiss the appeal.

* 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 Wiley 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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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