Terraine Byers v. Anthony Hathaway, III

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [998534841-2] Originating case number: 3:07-cv-00290-RJC-DSC Copies to all parties and the district court/agency. [998638927]. Mailed to: Terraine Byers. [11-6181]

Appeal: 11-6181

Document: 11

Date Filed: 07/25/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-6181

TERRAINE SANCHEZ BYERS,
Petitioner - Appellant,
v.
ANTHONY HATHAWAY, III,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:07-cv-00290-RJC-DSC)

Submitted:

July 21, 2011

Before NIEMEYER and
Senior Circuit Judge.

GREGORY,

Decided:

Circuit

Judges,

July 25, 2011

and

HAMILTON,

Dismissed by unpublished per curiam opinion.

Terraine Sanchez Byers, Appellant
DelForge, III, Assistant Attorney
Carolina, for Appellee.

Pro Se.
General,

Clarence Joe
Raleigh, North

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-6181

Document: 11

Date Filed: 07/25/2011

Page: 2 of 3

PER CURIAM:
Terraine Sanchez Byers seeks to appeal the district
court’s
and

order

dismissing

accepting
Byers’

the

28

magistrate

U.S.C.

§ 2254

judge’s
(2006)

recommendation
petition.

We

dismiss the appeal for lack of 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 Dec. 8, 2010.
2011. *

The notice of appeal was filed on Jan. 12,

Because Byers 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.
We

dispense

with

oral

argument

*

because

the

facts

and

legal

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

Appeal: 11-6181

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Date Filed: 07/25/2011

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contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.

DISMISSED

3