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  • Alfonso Simpson v. Leroy Cain, Police Officer, 955 F.2d 42, 4th Cir. (1992)

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The court found that the appellant, Alfonso Simpson, filed an untimely notice of appeal in his case against police officer Leroy Cain. Federal Rule of Appellate Procedure 4 establishes mandatory and jurisdictional time periods for filing a notice of appeal. As the appellant failed to file a timely notice or obtain an extension, the court had no jurisdiction to consider the merits of the appeal and dismissed the case.

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    Filed: 1992-02-24 Precedential Status: Non-Precedential Citations: 955 F.2d 42 Docket: 91-6315

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    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The court found that the appellant, Alfonso Simpson, filed an untimely notice of appeal in his case against police officer Leroy Cain. Federal Rule of Appellate Procedure 4 establishes mandatory and jurisdictional time periods for filing a notice of appeal. As the appellant failed to file a timely notice or obtain an extension, the court had no jurisdiction to consider the merits of the appeal and dismissed the case.

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    9 views2 pages

    Alfonso Simpson v. Leroy Cain, Police Officer, 955 F.2d 42, 4th Cir. (1992)

    Uploaded by

    Scribd Government Docs
    This document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The court found that the appellant, Alfonso Simpson, filed an untimely notice of appeal in his case against police officer Leroy Cain. Federal Rule of Appellate Procedure 4 establishes mandatory and jurisdictional time periods for filing a notice of appeal. As the appellant failed to file a timely notice or obtain an extension, the court had no jurisdiction to consider the merits of the appeal and dismissed the case.

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    of 2

    955 F.

    2d 42

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Alfonso SIMPSON, Plaintiff-Appellant,
    v.
    Leroy CAIN, Police Officer, Defendant-Appellee.
    No. 91-6315.

    United States Court of Appeals, Fourth Circuit.


    Submitted Feb. 3, 1992.
    Decided Feb. 24, 1992.

    Appeal from the United States District Court for the Eastern District of
    North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-89-811CRT-BR)
    Alfonso Simpson, appellant pro se.
    Thomas Clyde Pollard, City Attorney, Wilmington, N.C., Elizabeth Levan
    Riley, Womble, Carlyle, Sandridge & Rice, Raleigh, N.C., for appellee.
    E.D.N.C.
    DISMISSED.
    Before WIDENER, HAMILTON and LUTTIG, Circuit Judges.
    OPINION
    PER CURIAM:

    This appeal is before the Court on Appellant's untimely notice of appeal. An


    untimely notice of appeal does not invoke this Court's appellate jurisdiction.
    Consequently, we dismiss the appeal.

    The time periods for filing notices of appeal are governed by Fed.R.App.P. 4.
    These periods are "mandatory and jurisdictional." Browder v. Director, Dep't of
    Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361
    U.S. 220, 229 (1960)). Parties to civil actions have thirty days within which to
    file in the district court notices of appeal from judgments or final orders.
    Fed.R.App.P. 4(1)(1). For excusable neglect or good cause shown the district
    court may extend the filing period an additional thirty days. Fed.R.App.P. 4(1)
    (5).

    Appellant's failure to file a timely notice of appeal or to obtain an extension of


    the appeal period leaves this Court without jurisdiction to consider the merits of
    Appellant's appeal. We therefore dismiss the appeal. We dispense with oral
    argument because the facts and legal contentions are adequately presented in
    the materials before the Court and argument would not aid the decisional
    process.

    DISMISSED.

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