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  • Isiah Nathaniel Wedington v. State of Maryland, 838 F.2d 469, 4th Cir. (1987)

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    Isiah Wedington, a Maryland inmate, appealed the dismissal of his 28 U.S.C. § 2254 petition in federal district court. However, Wedington filed an untimely notice of appeal and did not request an extension. The Fourth Circuit has no authority to construe a bare notice of appeal as a motion for an extension. As the court recently decided the dispositive issues authoritatively, it dismissed the appeal without oral argument for lack of jurisdiction.

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    Filed: 1987-12-02 Precedential Status: Non-Precedential Citations: 838 F.2d 469 Docket: 87-7638

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    Isiah Wedington, a Maryland inmate, appealed the dismissal of his 28 U.S.C. § 2254 petition in federal district court. However, Wedington filed an untimely notice of appeal and did not request an extension. The Fourth Circuit has no authority to construe a bare notice of appeal as a motion for an extension. As the court recently decided the dispositive issues authoritatively, it dismissed the appeal without oral argument for lack of jurisdiction.

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    Isiah Nathaniel Wedington v. State of Maryland, 838 F.2d 469, 4th Cir. (1987)

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    Scribd Government Docs
    Isiah Wedington, a Maryland inmate, appealed the dismissal of his 28 U.S.C. § 2254 petition in federal district court. However, Wedington filed an untimely notice of appeal and did not request an extension. The Fourth Circuit has no authority to construe a bare notice of appeal as a motion for an extension. As the court recently decided the dispositive issues authoritatively, it dismissed the appeal without oral argument for lack of jurisdiction.

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    of 1

    838 F.

    2d 469
    Unpublished Disposition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    unpublished dispositions is disfavored except for establishing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    service of copies of cited unpublished dispositions of the Fourth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.
    Isiah Nathaniel WEDINGTON, Petitioner-Appellant,
    v.
    STATE OF MARYLAND, Respondent-Appellee.
    No. 87-7638.

    United States Court of Appeals, Fourth Circuit.


    Dec. 2, 1987.

    Isiah Nathaniel Wedington, pro se.


    Valerie Valenti Cloutier, Office of the Attorney General, for appellee.
    Before DONALD RUSSELL, WIDENER, and SPROUSE, Circuit
    Judges.
    PER CURIAM:

    Isiah N. Wedington, a Maryland inmate, seeks to appeal from the order of the
    district court dismissing his 28 U.S.C. Sec. 2254 petition. Wedington filed an
    untimely notice of appeal, and he made no motion requesting an extension. See
    Fed.R.App.P. 4(a)(5). This Court has no authority to construe Wedington's bare
    notice of appeal as a motion for an extension of the time to appeal. See Shah v.
    Hutto, 722 F.2d 1167, 1168 (4th Cir.1983) (en banc), cert. denied, 466 U.S. 975
    (1984). Therefore this Court has no jurisdiction to consider Wedington's appeal.
    Because the dispositive issues recently have been decided authoritatively, we
    dispense with oral argument and dismiss the appeal.

    DISMISSED.

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