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    The Fourth Circuit Court of Appeals dismissed Larry S. Williams-El's appeal for lack of jurisdiction. The district court had entered its order on October 4, 1995, but Williams-El did not file his notice of appeal until November 15, 1995, which was outside the 30-day period to appeal. Williams-El also did not obtain an extension of the appeal period within an additional 30 days as allowed by the Federal Rules of Appellate Procedure. As the time periods to appeal in the Rules are mandatory and jurisdictional, Williams-El's failure to file a timely appeal or obtain an extension deprived the Fourth Circuit of jurisdiction over the case. The Fourth Circuit therefore dismissed the appeal without oral argument.

    Original Description:

    Filed: 1996-04-10 Precedential Status: Non-Precedential Citations: 82 F.3d 412 Docket: 95-7837

    Original Title

    Larry S. Williams-El v. James Dunning, Sheriff, Alexandria Detention Center Richard R. Ruscak, Undersheriff, Alexandria Detention Center Debra L. Pierson, Captain of Security, Alexandria Detention Center John L. Griggs, Captain for Inmate Service, Alexandria Detention Center Sergeant Reynolds, Watch Commander (A-1), Alexandria Detention Center Deputy Jacobson (A-1), Alexandria Detention Center, and C.S. Chapman, Deputy, (A-1), Alexandria Detention Center Edward Murray, Director for the Department of Corrections, 82 F.3d 412, 4th Cir. (1996)

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    The Fourth Circuit Court of Appeals dismissed Larry S. Williams-El's appeal for lack of jurisdiction. The district court had entered its order on October 4, 1995, but Williams-El did not file his notice of appeal until November 15, 1995, which was outside the 30-day period to appeal. Williams-El also did not obtain an extension of the appeal period within an additional 30 days as allowed by the Federal Rules of Appellate Procedure. As the time periods to appeal in the Rules are mandatory and jurisdictional, Williams-El's failure to file a timely appeal or obtain an extension deprived the Fourth Circuit of jurisdiction over the case. The Fourth Circuit therefore dismissed the appeal without oral argument.

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    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The Fourth Circuit Court of Appeals dismissed Larry S. Williams-El's appeal for lack of jurisdiction. The district court had entered its order on October 4, 1995, but Williams-El did not file his notice of appeal until November 15, 1995, which was outside the 30-day period to appeal. Williams-El also did not obtain an extension of the appeal period within an additional 30 days as allowed by the Federal Rules of Appellate Procedure. As the time periods to appeal in the Rules are mandatory and jurisdictional, Williams-El's failure to file a timely appeal or obtain an extension deprived the Fourth Circuit of jurisdiction over the case. The Fourth Circuit therefore dismissed the appeal without oral argument.

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    of 2

    82 F.

    3d 412

    NOTICE: Fourth Circuit Local Rule 36(c) 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.
    Larry S. WILLIAMS-EL, Plaintiff-Appellant,
    v.
    James DUNNING, Sheriff, Alexandria Detention Center;
    Richard R. Ruscak, Undersheriff, Alexandria Detention
    Center; Debra L. Pierson, Captain of Security, Alexandria
    Detention Center; John L. Griggs, Captain for Inmate
    Service, Alexandria Detention Center; Sergeant Reynolds,
    Watch Commander (A-1), Alexandria Detention Center;
    Deputy
    Jacobson (A-1), Alexandria Detention Center, DefendantsAppellees,
    and
    C.S. Chapman, Deputy, (A-1), Alexandria Detention Center;
    Edward Murray, Director for the Department of
    Corrections, Defendants.
    No. 95-7837.

    United States Court of Appeals, Fourth Circuit.


    Submitted March 21, 1996.
    Decided April 10, 1996.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Norfolk. Robert E. Payne, District Judge. (CA-93-698-N)
    Larry S. Williams-El, Appellant Pro Se. Jack L. Gould, Fairfax, Virginia,
    for Appellees.
    Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER,
    Senior Circuit Judge.

    PER CURIAM:

    Appellant noted this appeal outside the thirty-day appeal period established by
    Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within
    the additional thirty-day period provided by Fed. R.App. P. 4(a)(5), and is not
    entitled to relief under Fed. R.App. P. 4(a)(6). The time periods established by
    Fed. R.App. P. 4 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)). The district court entered its order on Oct. 4, 1995;
    Appellant's notice of appeal was filed on Nov. 15, 1995. Appellant's failure to
    note a timely appeal or obtain an extension of the appeal period deprives this
    court of jurisdiction to consider this case. 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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