James T. Dickerson v. Leroy Cartlege

Filing

UNPUBLISHED PER CURIAM OPINION filed.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. [999723408]. Mailed to: James T. Dickerson MCCORMICK CORRECTIONAL INSTITUTION 386 Redemption Way McCormick, SC 29899-0000. [15-7476]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7476

JAMES T. DICKERSON,
Petitioner - Appellant,
v.
LEROY CARTLEGE,
Respondent - Appellee.

Appeal from the United States District Court for the District of
South Carolina, at Beaufort.
Terry L. Wooten, Chief District
Judge. (9:14-cv-01577-TLW)

Submitted:

December 17, 2015

Decided:

December 22, 2015

Before DIAZ and HARRIS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

James T. Dickerson, Appellant Pro Se.
Donald John Zelenka,
Senior
Assistant
Attorney
General,
Kaycie
Smith
Timmons,
Assistant Attorney General, Columbia, South Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
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.
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
June 8, 2015.
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
the appeal.

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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argument

would

not

aid

the

decisional

process.
DISMISSED

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