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  • Terraine Byers v. Anthony Hathaway, III, 4th Cir. (2011)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Terraine Sanchez Byers. The Court dismissed the appeal for lack of jurisdiction because Byers' notice of appeal was not timely filed within the required 30 days of the district court's final order dismissing his habeas petition. The district court order was entered on December 8, 2010 but Byers did not file his notice of appeal until January 12, 2011, outside the 30 day window. As a result, the Court denied in forma pauperis status and dismissed the appeal for lack of jurisdiction.

    Original Description:

    Filed: 2011-07-25 Precedential Status: Non-Precedential Docket: 11-6181

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Terraine Sanchez Byers. The Court dismissed the appeal for lack of jurisdiction because Byers' notice of appeal was not timely filed within the required 30 days of the district court's final order dismissing his habeas petition. The district court order was entered on December 8, 2010 but Byers did not file his notice of appeal until January 12, 2011, outside the 30 day window. As a result, the Court denied in forma pauperis status and dismissed the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
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    3 views3 pages

    Terraine Byers v. Anthony Hathaway, III, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Terraine Sanchez Byers. The Court dismissed the appeal for lack of jurisdiction because Byers' notice of appeal was not timely filed within the required 30 days of the district court's final order dismissing his habeas petition. The district court order was entered on December 8, 2010 but Byers did not file his notice of appeal until January 12, 2011, outside the 30 day window. As a result, the Court denied in forma pauperis status and dismissed the appeal for lack of jurisdiction.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-6181

    TERRAINE SANCHEZ BYERS,


    Petitioner - Appellant,
    v.
    ANTHONY HATHAWAY, III,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.
    Robert J. Conrad,
    Jr., Chief District Judge. (3:07-cv-00290-RJC-DSC)

    Submitted:

    July 21, 2011

    Before NIEMEYER and


    Senior Circuit Judge.

    GREGORY,

    Decided:

    Circuit

    Judges,

    July 25, 2011

    and

    HAMILTON,

    Dismissed by unpublished per curiam opinion.

    Terraine Sanchez Byers, Appellant


    DelForge, III, Assistant Attorney
    Carolina, for Appellee.

    Pro Se.
    General,

    Clarence Joe
    Raleigh, North

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Terraine Sanchez Byers seeks to appeal the district
    courts
    and

    order

    dismissing

    accepting
    Byers

    the

    28

    magistrate

    U.S.C.

    2254

    judges
    (2006)

    recommendation
    petition.

    We

    dismiss the appeal for lack of jurisdiction because the notice


    of appeal was not timely filed.
    Parties are accorded thirty days after the entry of
    the district courts 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 courts order was entered on the docket


    on Dec. 8, 2010.
    2011. *

    The notice of appeal was filed on Jan. 12,

    Because Byers 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

    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).

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

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