Charles Tunstall-Bey v. Bryan Wells

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-7541
CHARLES ALONZO TUNSTALL-BEY,
Petitioner – Appellant,
v.
BRYAN WELLS,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:13-hc-02090-BO)
Submitted: March 17, 2015 Decided: March 19, 2015
Before WILKINSON and KING, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Charles Alonzo Tunstall, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Alonzo Tunstall-Bey seeks to appeal the district
court’s order dismissing his 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 thirty 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 20, 2013. The notice of appeal was filed on September
30, 2014. * Because Tunstall-Bey 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
*
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
before this court and argument would not aid the decisional
process.
DISMISSED
3