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UNPUBLISHED PER CURIAM OPINION filed.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. [999824741]. Mailed to: W. Barnes. [15-7819]

Download PDF
Appeal: 15-7819 Doc: 10 Filed: 05/17/2016 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7819 WILLIAM THOMAS BARNES, Petitioner - Appellant, v. DUANE TERRELL, Respondent - Appellee.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) Submitted: April 25, 2016 Decided: May 17, 2016 Before DUNCAN and HARRIS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7819 Doc: 10 Filed: 05/17/2016 Pg: 2 of 3 PER CURIAM: William Barnes seeks to appeal the district court’s order adopting the magistrate judge’s recommendation and relief on Barnes’ 28 U.S.C. § 2254 (2012) petition. denying 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 September 10, 2015. appealability, which Barnes’ we motion construe filed on November 1, 2015. * as a for a notice certificate of appeal, of was 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 (1988). 2 Appeal: 15-7819 Doc: 10 Filed: 05/17/2016 Pg: 3 of 3 the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?