Marion Sherrod v. Lawrence Parson
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:15-cv-00068-FDW Copies to all parties and the district court/agency. [1000039754]. Mailed to: Marion L. Sherrod MAURY CORRECTIONAL INSTITUTION P. O. Box 506 Maury, NC 28554-0000. [15-7990, 16-7415]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7990
MARION LAMONT SHERROD,
Plaintiff - Appellant,
v.
LAWRENCE PARSONS; JEFFREY WALL;
GOODWIN, Correctional Officer,
KIERNAN
SHANAHAN;
K.
SHANAHAN;
K.
Defendants - Appellees.
No. 16-7415
MARION LAMONT SHERROD,
Plaintiff - Appellant,
v.
LAWRENCE PARSONS; JEFFREY WALL;
GOODWIN, Correctional Officer,
KIERNAN
Defendants - Appellees.
Appeals from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:15-cv-00068-FDW)
Submitted:
March 7, 2017
Decided:
March 10, 2017
Appeal: 15-7990
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Before SHEDD, DIAZ, and HARRIS, Circuit Judges.
No. 15-7990 dismissed, No. 16-7415 affirmed, by unpublished per
curiam opinion.
Marion L. Sherrod, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
In
Appeal
No.
15-7990,
Marion
Lamont
Sherrod
seeks
to
appeal the district court’s orders, filed on June 1 and June 22,
2015, dismissing his 42 U.S.C. § 1983 (2012) action and denying
his motion to reconsider.
We remanded the case to the district
court for a determination of whether Sherrod’s notice of appeal
was timely filed with prison officials, as the record before us
did not conclusively reveal when Sherrod delivered the notice of
appeal to prison officials for mailing.
See Fed. R. App. P.
4(c)(1); Houston v. Lack, 487 U.S. 266 (1988).
district
court,
by
order
of
October
3,
2016,
On remand the
made
several
specific factual findings and concluded that Sherrod did not
timely file his notice of appeal.
Sherrod appeals from the
district court’s October 3 order in Appeal No. 16-7415, which
has been consolidated with Appeal No. 15-7990.
Parties are accorded 30 days after entry of the district
court’s judgment or order to note an appeal, Fed. R. App. P.
4(a)(1)(A), with a few exceptions not relevant here.
timely
filing
of
a
notice
jurisdictional requirement.”
214 (2007).
of
appeal
in
a
civil
case
“[T]he
is
a
Bowles v. Russell, 551 U.S. 205,
The district court’s original orders were entered
on the docket on June 1 and June 22, 2015.
The district court
found on remand, after receiving submissions from Sherrod and
the North Carolina Department of Public Safety, that Sherrod did
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not file a timely notice of appeal within the designated time
period and in accordance with Fed. R. App. P. 4(c)(1).
We review the district court’s factual findings for clear
error.
993,
Fed. R. Civ. P. 52(a)(6); see Ray v. Clements, 700 F.3d
1012
district
(7th
Cir.
court’s
determination).
2012)
factual
A
(applying
findings
finding
is
clear
in
error
prison
“clearly
review
mailbox
erroneous”
to
rule
when
the
reviewing court “is left with the definite and firm conviction
that
a
Bessemer
mistake
City,
marks omitted).
has
470
been
U.S.
committed.”
564,
573
Anderson
(1985)
v.
(internal
City
of
quotation
Because we perceive no clear error in the
district court findings, we affirm the district court’s October
3, 2016, order in No. 16-7415, and we must dismiss Sherrod’s
untimely appeal in No. 15-7990 for lack of jurisdiction.
dispense
with
contentions
are
oral
argument
adequately
because
presented
in
the
the
facts
We
and
legal
materials
before
this court and argument would not aid in the decisional process.
NO. 15-7990, DISMISSED;
NO. 16-7415, AFFIRMED
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