Clorey Eugene France v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--updating certificate of appealability status Originating case number: 1:13-cv-00250-JAB-LPA Copies to all parties and the district court/agency. [999747858]. Mailed to: C France. [15-7346]

Appeal: 15-7346

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7346

CLOREY EUGENE FRANCE,
Petitioner – Appellant,
v.
STATE OF NORTH CAROLINA,
Respondent - Appellee.

Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. James A. Beaty, Jr.,
Senior District Judge. (1:13-cv-00250-JAB-LPA)

Submitted:

January 26, 2016

Before MOTZ and
Circuit Judge.

GREGORY,

Decided:

Circuit

Judges,

February 3, 2016

and

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Clorey Eugene France, Appellant Pro Se. Mary Carla Babb,
Assistant Attorney General, 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Unpublished opinions are not binding precedent in this circuit.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:
Clorey Eugene France seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying relief on his 28 U.S.C. § 2254 (2012) petition.

We

dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
Parties

are

accorded

30

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
July 6, 2015.

The notice of appeal, dated August 6, 2015, was

filed on August 11, 2015. 1

Because France failed to file a

timely notice of appeal or obtain an extension or reopening of
the appeal period, we dismiss the appeal. 2

We dispense with oral

1

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

While France filed a timely post-judgment motion, see Fed.
R. App. P. 4(a)(4)(A), he failed to comply with the district
(Continued)
2

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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

court’s order to file a corrected
Accordingly, the motion was stricken.

3

motion

with

a

signature.