Alphonza Thomas, III v. Frank Perry

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [1000129728-2], denying Motion to proceed in forma pauperis (FRAP 24) [1000126632-2] Originating case number: 1:16-cv-00524-TDS-JEP Copies to all parties and the district court/agency. [1000166524]. Mailed to: Alphonza Thomas. [17-6927]

Appeal: 17-6927

Doc: 18

Filed: 10/03/2017

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 17-6927

ALPHONZA LEONARD PHILLIP THOMAS, III,
Petitioner - Appellant,
v.
FRANK L. PERRY,
Respondent - Appellee.

Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. Thomas D. Schroeder, District Judge. (1:16-cv-00524-TDS-JEP)

Submitted: September 28, 2017

Before WILKINSON, MOTZ, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Alphonza Leonard Phillip Thomas, III, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

Decided: October 3, 2017

Appeal: 17-6927

Doc: 18

Filed: 10/03/2017

Pg: 2 of 2

PER CURIAM:
Alphonza Leonard Phillip Thomas, III, seeks to appeal the district court’s order
accepting the recommendation of the magistrate judge and denying Thomas’ 28 U.S.C.
§ 2254 (2012) petition. 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 November 16, 2016. The
notice of appeal was filed, at the earliest, on July 19, 2017. * Because Thomas 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 the facts and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional process.
DISMISSED

*

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, 276 (1988).
2