William Barnes v. Duane Terrell

Filing

UNPUBLISHED PER CURIAM OPINION filed.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]

Appeal: 15-7819

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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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

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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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