Cleveland Williams v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999691715-2] Originating case number: 3:14-cv-00598-FDW. Copies to all parties and the district court/agency. [999897154]. Mailed to: C. Williams. [15-7588]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7588

CLEVELAND LEWIS WILLIAMS,
Petitioner - Appellant,
v.
STATE OF NORTH CAROLINA; ATTORNEY GENERAL FOR THE STATE OF
NORTH CAROLINA; BONTIA WITHERSPOON,
Respondents - Appellees.

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-00598-FDW)

Submitted:

June 30, 2016

Before KING and
Circuit Judge.

KEENAN,

Decided:

Circuit

Judges,

and

July 26, 2016

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Cleveland Lewis Williams, 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Unpublished opinions are not binding precedent in this circuit.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:
Cleveland

Lewis

Williams

seeks

to

appeal

the

district

court’s order dismissing his 28 U.S.C. § 2254 (2012) petition.
We

dismiss

his

appeal

for

lack

of

jurisdiction

because

the

notice of appeal was not timely filed.
In civil cases in which the United States is not a party,
parties
judgment

are
or

4(a)(1)(A).

accorded
order

thirty

to

note

days
an

after

the

appeal.

entry

Fed.

of

R.

final

App.

P.

The district court may, however, extend the time

for filing a notice of appeal if a party so moves within thirty
days

after

the

expiration

of

the

original

appeal

period

and

demonstrates excusable neglect or good cause for the extension.
Fed. R. App. P. 4(a)(5).

The district court may also reopen the

appeal period upon a timely motion by a party.
4(a)(6).

Fed. R. App. P.

“[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

dismissing

petition was entered on August 21, 2015.

Williams’

§

2254

Thus, Williams had

until September 21, 2015, to file a notice of appeal.
executed his notice of appeal on October 5, 2015.

Williams

Although the

appeal period may be extended under Fed. R. App. P. 4(a)(5) or
reopened under Fed. R. App. P. 4(a)(6), Williams has failed to
file any motion seeking relief pursuant to these provisions.
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See Shah v. Hutto, 722 F.2d 1167, 1168-69 (4th Cir. 1983) (en
banc) (“A bare notice of appeal should not be construed as a
motion for extension of time, where no request for additional
time is manifest.”)

Because Williams failed to file a timely

notice of appeal or to obtain an extension or reopening of the
appeal period, we deny his motion 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

before

this

court

and

argument

would

not

aid

the

decisional process.
DISMISSED

3