Jerry Sharpe v. State of North Carolina
Opinion
Dismissed by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
Jerry Wayne Sharpe seeks to appeal the district court’s order dismissing his 42 U.S.C. § 1983 (2012) action as frivolous. 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, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).
The district court’s order was entered on the docket on April 23, 2015. Liberally construing Sharpe’s motion for bail or release pending appeal as a notice of appeal, Sharpe did not note his appeal until August 21, 2015. * Because Sharpe failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We also deny Sharpe’s motions for bail or release pending appeal and his motion for a temporary restraining order. 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, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
Reference
- Full Case Name
- Jerry Wayne SHARPE, Plaintiff-Appellant, v. State of NORTH CAROLINA; Lea Anne Murphy, Defendants-Appellees
- Status
- Unpublished