Marshall Locklear, Jr. v. State of North Carolina
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998277908-2] Originating case number: 1:07-cv-00682-RAE Copies to all parties and the district court/agency. [998415167] [09-8232]
Marshall Locklear, Jr. v. State of North Carolina
Doc. 0
Case: 09-8232 Document: 18
Date Filed: 08/31/2010
Page: 1
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-8232 MARSHALL LOCKLEAR, JR., Petitioner - Appellant, v. STATE OF NORTH CAROLINA; ALEXANDRA MARINA HIGHTOWER; THEODIS BECK, Respondents - Appellees.
Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. James A. Beaty, Jr., Chief District Judge. (1:07-cv-00682-RAE) Submitted: August 26, 2010 Decided: August 31, 2010
Before KING and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Marshall Locklear, Jr., Appellant Pro Se. Clarence Joe DelForge, III; Mary Carla Hollis, Assistant Attorneys General, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.
Dockets.Justia.com
Case: 09-8232 Document: 18
Date Filed: 08/31/2010
Page: 2
PER CURIAM: Marshall Locklear, Jr. seeks to appeal the district court's order We denying dismiss relief the on his 28 for U.S.C. lack of § 2254 (2006)
petition.
appeal
jurisdiction
because the notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the district court's final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), 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's order was entered on the docket on September 24, 2008. The notice of appeal was filed on
December 11, 2009.
Because Locklear failed to file a timely
notice of appeal or to obtain an extension or reopening of the appeal period, we deny leave to proceed in forma pauperis and dismiss the appeal. appoint counsel. facts
We also deny Locklear's pending motion to We dispense with oral argument because the
and
legal
contentions
are
adequately
presented
in
the
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 (1988). 2
Case: 09-8232 Document: 18
Date Filed: 08/31/2010
Page: 3
materials
before
the
court
and
argument
would
not
aid
the
decisional process. DISMISSED
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?