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  • Joseph O'Dell v. Thomas Whitehurst v. Jack E. Dewan, Administrator, 843 F.2d 1387, 4th Cir. (1988)

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    The document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes that: Joseph O'Dell, a Virginia inmate, filed a Section 1983 action that was dismissed by the district court on March 3, 1987. O'Dell requested an extension to file an appeal, which was granted until April 30, 1987. However, O'Dell did not file his notice of appeal until May 5, 1987, missing the extended deadline. Therefore, the Fourth Circuit dismissed the case for lack of jurisdiction since the notice of appeal was not timely filed within the extended period.

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    Filed: 1988-03-30 Precedential Status: Non-Precedential Citations: 843 F.2d 1387 Docket: 87-7137

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    The document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes that: Joseph O'Dell, a Virginia inmate, filed a Section 1983 action that was dismissed by the district court on March 3, 1987. O'Dell requested an extension to file an appeal, which was granted until April 30, 1987. However, O'Dell did not file his notice of appeal until May 5, 1987, missing the extended deadline. Therefore, the Fourth Circuit dismissed the case for lack of jurisdiction since the notice of appeal was not timely filed within the extended period.

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    3 views2 pages

    Joseph O'Dell v. Thomas Whitehurst v. Jack E. Dewan, Administrator, 843 F.2d 1387, 4th Cir. (1988)

    Uploaded by

    Scribd Government Docs
    The document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It summarizes that: Joseph O'Dell, a Virginia inmate, filed a Section 1983 action that was dismissed by the district court on March 3, 1987. O'Dell requested an extension to file an appeal, which was granted until April 30, 1987. However, O'Dell did not file his notice of appeal until May 5, 1987, missing the extended deadline. Therefore, the Fourth Circuit dismissed the case for lack of jurisdiction since the notice of appeal was not timely filed within the extended period.

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    of 2

    843 F.

    2d 1387
    Unpublished Disposition

    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.
    Joseph O'DELL, Plaintiff-Appellant,
    v.
    Thomas WHITEHURST, Plaintiff,
    v.
    Jack E. DEWAN, Administrator, Defendant-Appellee.
    No. 87-7137.

    United States Court of Appeals, Fourth Circuit.


    Submitted Aug. 11, 1987.
    Decided March 30, 1988.

    Joseph O'Dell, appellant pro se.


    James Walter Hopper, Gardner, Moss & Hopper, for appellee.
    Before DONALD RUSSELL, WIDENER, and CHAPMAN, Circuit
    Judges.
    PER CURIAM:

    Joseph Roger O'Dell, a Virginia inmate, appeals the dismissal of his 42 U.S.C.
    Sec. 1983 action. The district court entered judgment against O'Dell on March
    3, 1987. O'Dell moved for an extension of time in which to note his appeal on
    April 6, 1987, thirty-four days after the entry of judgment. The court extended
    O'Dell's filing period until April 30, 1987. O'Dell filed his notice of appeal on
    May 5, 1987.

    Because O'Dell failed to file his notice of appeal within the appeal period as

    extended, this Court lacks jurisdiction to hear O'Dell's case. As it will not
    significantly aid the decisional process, we dispense with oral argument and
    dismiss the appeal.
    3

    DISMISSED.

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