William Barnes v. Duane Terrell
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion-- Motion to proceed in forma pauperis denied (FRAP 24) [999718961-2]. Originating case number: 1:13-cv-00337-JAB-JEP. Copies to all parties and the district court/agency. . Mailed to: W. Barnes. [15-7819]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
WILLIAM THOMAS BARNES,
Petitioner - Appellant,
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-00337-JAB-JEP)
April 25, 2016
May 17, 2016
Before DUNCAN and HARRIS, Circuit Judges, and HAMILTON, Senior
Dismissed by unpublished per curiam opinion.
William Thomas Barnes, 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Unpublished opinions are not binding precedent in this circuit.
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William Barnes seeks to appeal the district court’s order
relief on Barnes’ 28 U.S.C. § 2254 (2012) petition.
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
filed on November 1, 2015. *
Because Barnes 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
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
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the facts and legal contentions are adequately presented in the
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