Jerry Wayne Sharpe v. State of North Carolina

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999748100-2], denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999722990-2]; denying Motion for other relief [999722995-2] Originating case number: 5:14-ct-03269-F Copies to all parties and the district court/agency. [999766203]. Mailed to: Sharpe. [15-7792]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 15-7792

JERRY WAYNE SHARPE,
Plaintiff - Appellant,
v.
STATE OF NORTH CAROLINA; LEA ANNE MURPHY,
Defendants - Appellees.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Fox, Senior
District Judge. (5:14-ct-03269-F)

Submitted:

February 25, 2016

Before SHEDD and
Circuit Judge.

HARRIS,

Circuit

Decided:

Judges,

and

March 2, 2016

DAVIS,

Senior

Dismissed by unpublished per curiam opinion.

Jerry Wayne Sharpe, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Jerry Wayne Sharpe seeks to appeal the district court’s
order

dismissing

frivolous.

We

his

dismiss

42

U.S.C.

the

appeal

§ 1983
for

(2012)

lack

of

action

as

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
April 23, 2015.

Liberally construing Sharpe’s motion for bail

or release pending appeal as a notice of appeal, Sharpe did not
note his appeal until August 21, 2015. *

Because Sharpe failed to

file a timely notice of appeal or to obtain an extension or
reopening of the appeal period, we dismiss the appeal.

We also

deny Sharpe’s motions for bail or release pending appeal and his
motion for a temporary restraining order.
*

We dispense with oral

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).

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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

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