Tyrone Johnson v. Roy Cooper

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999647331-2]. Originating case number: 3:14-cv-00242-FDW. Copies to all parties and the district court/agency [999902300]. Mailed to: Tyrone Johnson. [15-7233]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7233

TYRONE JOHNSON,
Petitioner - Appellant,
v.
ROY COOPER,
Respondent - Appellee.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:14-cv-00242-FDW)

Submitted:

July 26, 2016

Decided:

August 2, 2016

Before NIEMEYER, KING, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Tyrone Johnson, Appellant Pro Se.
Clarence Joe DelForge, III,
NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Tyrone Johnson seeks to appeal the district court’s order
denying relief on his 28 U.S.C. § 2254 (2012) federal habeas
petition.

We

previously

remanded

this

case

to

the

district

court for the limited purpose of determining whether the appeal
period should be reopened pursuant to Fed. R. App. P. 4(a)(6).
See Johnson v. Cooper, 623 F. App’x 108 (4th Cir. 2015) (No. 157233).

On remand, the district court permitted reopening under

Rule 4(a)(6), but Johnson thereafter failed to file a notice of
appeal.

Accordingly,

we

dismiss

the

appeal

for

lack

of

jurisdiction.
Parties are accorded 30 days after entry of the district
court’s final judgment or order to note an appeal, Fed. R. App.
P.

4(a)(1)(A),

period

under

unless

Fed.

R.

the
App.

period under Rule 4(a)(6).

district
P.

court

4(a)(5)

or

extends

the

appeal

reopens

the

appeal

“[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
March 31, 2015.

Pursuant to its order on remand, which was

entered on February 1, 2016, the district court reopened the
appeal period for 14 days to allow Johnson to timely note an
appeal from the dispositive order.
has

not

filed

anything

in

the
2

Since then, however, Johnson

district

court

that

could

be

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construed as a notice of appeal.

Because Johnson failed to file

a timely notice of appeal after he obtained a reopening of the
appeal period, and no authority permits the court to further
extend or reopen the appeal period, we dismiss the appeal.
deny

Johnson’s

pauperis.
legal
before

application

for

leave

to

proceed

in

We

forma

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

DISMISSED

3