Defendants' Motion to Dismiss Appeal
Public Court Documents
June 9, 2000
3 pages
Cite this item
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Case Files, Cromartie Hardbacks. Defendants' Motion to Dismiss Appeal, 2000. ed7c5dfb-e00e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/2110e8c6-ce68-4e9f-9bbb-f71a0429ff5f/defendants-motion-to-dismiss-appeal. Accessed July 01, 2025.
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
Civil Action No. 4-96-CV-104-BO(3)
MARTIN CROMARTIE, et al.,
Plaintiffs,
V.
JAMES B. HUNT, JR., in his official
capacity as Governor of the State of North
Carolina, et al.,
DEFENDANTS’ MOTION TO
DISMISS APPEAL
Defendants.
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NOW COME the state defendants, pursuant to Rule 18.5 of the Rules of the Supreme Court
of the United States, requesting the Court to dismiss plaintiffs’ appeal of this Court’s March 8, 2000
Judgment and its March 7, 2000 Order.
Plaintiffs’ Notice of Appeal was filed on April 6, 2000. Under Rule 18.3 of the Supreme
Court, an appeal is to be docketed within 60 days of filing the notice of appeal. The last day for
docketing plaintiffs’ appeal was June 5, 2000. As of this date, that appeal has not been perfected.
Pursuant to Rule 18.5, if a notice of appeal has been filed, but the case has not been docketed within
the prescribed time, “the district court may dismiss the appeal on the appellee’s motion.”
WHEREFORE, since plaintiffs have failed to perfect their appeal as prescribed by the Rules
of the Supreme Court of the United States, defendants respectfully move this Court to dismiss their
appeal.
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This the 9th day of June, 2000.
MICHAEL F. EASLEY
ATTORNEY GENERAL
a 41d
Tiare B. Smiley
Special Deputy Attorney Genera
N. C. State Bar No. 7119
Norma S. Harrell
Special Deputy Attorney General
N. C. State Bar No. 6654
N.C. Department of Justice
P.O. Box 629
Raleigh, N.C. 27602
(919) 716-6900
Raleigh, N.C. 27602
(919) 716-6900
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CERTIFICATE OF SERVICE
This is to certify that I have this day served a copy of the foregoing Defendants’ Motion to
Dismiss Appeal in the above captioned case upon all parties by depositing these documents in the
United States mail, first class mail, postage prepaid addressed as follows:
Robinson O. Everett
Suite 300 First Union Natl. Bank Bldg.
301 W. Main Street
P.O. Box 586
Durham, NC 27702
ATTORNEY FOR PLAINTIFFS
Adam Stein
Ferguson, Stein, Wallas, Adkins,
Gresham & Sumter, P.A.
Suite 2
312 W. Franklin Street
Chapel Hill, NC 27516
Todd Cox
NAACP Legal Defense & Educational Fund, Inc.
1444 1 Street NW
Washington, DC 20005
ATTORNEYS FOR DEFENDANT-INTERVENORS
This the 9th day of June, 2000. *
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iare B. Smiley
Special Deputy Attorney General