Filed: Feb. 09, 2016
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7504 LARRY JOHNSON EDWARDS, Petitioner – Appellant, v. DONALD MOBLEY, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta C. Biggs, District Judge. (1:14-cv-00224-LCB-LPA) Submitted: January 29, 2016 Decided: February 9, 2016 Before NIEMEYER, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Dismissed by unpublished per curiam opin
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7504 LARRY JOHNSON EDWARDS, Petitioner – Appellant, v. DONALD MOBLEY, Respondent - Appellee. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Loretta C. Biggs, District Judge. (1:14-cv-00224-LCB-LPA) Submitted: January 29, 2016 Decided: February 9, 2016 Before NIEMEYER, Circuit Judge, and HAMILTON and DAVIS, Senior Circuit Judges. Dismissed by unpublished per curiam opini..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7504
LARRY JOHNSON EDWARDS,
Petitioner – Appellant,
v.
DONALD MOBLEY,
Respondent - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Loretta C. Biggs,
District Judge. (1:14-cv-00224-LCB-LPA)
Submitted: January 29, 2016 Decided: February 9, 2016
Before NIEMEYER, Circuit Judge, and HAMILTON and DAVIS, Senior
Circuit Judges.
Dismissed by unpublished per curiam opinion.
Larry Johnson Edwards, 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Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Larry Johnson Edwards seeks to appeal the district court’s
order accepting the recommendation of the magistrate judge and
denying Edwards’ 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
August 11, 2015. The notice of appeal was dated by Edwards on
September 11, 2015. * Because Edwards 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
* 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
materials before this court and argument would not aid the
decisional process.
DISMISSED
3