Rodney Williams, 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UNPUBLISHED PER CURIAM OPINION filed.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) [998933309-2] Originating case number: 5:10-mc-00039 Copies to all parties and the district court/agency. [998979606]. Mailed to: Rodney McDonald Williams, Jr.. [12-7335]

Appeal: 12-7335

Doc: 15

Filed: 11/13/2012

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-7335

RODNEY MCDONALD WILLIAMS, JR.,
Plaintiff - Appellant,
v.
THE STATE OF NORTH CAROLINA,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
William A. Webb,
Magistrate Judge. (5:10-mc-00039)

Submitted:

October 23, 2012

Decided:

November 13, 2012

Before AGEE, KEENAN, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Rodney McDonald William, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-7335

Doc: 15

Filed: 11/13/2012

Pg: 2 of 2

PER CURIAM:
Rodney

McDonald

Williams,

Jr.,

seeks

to

appeal

the

magistrate judge’s order returning Williams’ declaration because
it did not have a case number or name.

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 magistrate judge’s order was entered on the docket
on November 29, 2011.
on July 24, 2012.

The notice of appeal was considered filed
Because Williams 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.
facts

and

materials

legal
before

We dispense with oral argument because the

contentions

are

adequately

the

and

argument

court

presented

would

not

in

the

aid

the

decisional process.

DISMISSED
2