James T. Dickerson v. Leroy Cartlege
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999683118-2] Originating case number: 9:14-cv-01577-TLW Copies to all parties and the district court/agency. . Mailed to: James T. Dickerson MCCORMICK CORRECTIONAL INSTITUTION 386 Redemption Way McCormick, SC 29899-0000. [15-7476]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
JAMES T. DICKERSON,
Petitioner - Appellant,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Terry L. Wooten, Chief District
December 17, 2015
December 22, 2015
Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
James T. Dickerson, Appellant Pro Se.
Donald John Zelenka,
Assistant Attorney General, Columbia, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
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James T. Dickerson seeks to appeal the district court’s
order adopting the recommendation of the magistrate judge and
dismissing 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.
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).
filing of a notice of appeal in a civil case is a jurisdictional
Bowles v. Russell, 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket on
June 8, 2015.
The notice of appeal was filed on September 16,
Because Dickerson 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
We dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
This is the date that the notice of appeal was delivered
to prison officials for mailing to the court.
Fed. R. App.
4(c); Houston v. Lack, 487 U.S. 266 (1988).
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