This paper presents a fractional-N all digital phase locked loop (ADPLL) using a retiming high linear digital phase interpolator (DPI), which is free from pre- and background-calibration. The DPI utilizes a charge-sharing effect insensitive charge-based structure to improve the linearity. Designed in a 40-nm CMOS technology, the proposed DPI achieves 9-bit resolution, 0.3ps integral nonlinearity (INL) and 0.083ps differential nonlinearity (DNL). The proposed ADPLL achieves −118 dBc/Hz in-band phase noise at 1MHz and −93.9dBc fractional spur with the 0.3ps nonlinearity of DPI.