Rodney Williams, Jr. v. State of North Carolina, No. 12-7335 (4th Cir. 2012)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-7335 RODNEY MCDONALD WILLIAMS, JR., Plaintiff - Appellant, v. THE STATE OF NORTH CAROLINA, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. William A. Webb, Magistrate Judge. (5:10-mc-00039) Submitted: October 23, 2012 Decided: November 13, 2012 Before AGEE, KEENAN, and FLOYD, Circuit Judges. Dismissed by unpublished per curiam opinion. Rodney McDonald William, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Rodney McDonald Williams, Jr., seeks to appeal the magistrate judge s order returning Williams declaration because it did not have a case number or name. 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 magistrate judge s order was entered on the docket on November 29, 2011. on July 24, 2012. The notice of appeal was considered filed Because Williams 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. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED 2
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