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  • Brown v. Nottoway Correctional Center, 4th Cir. (2011)

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    The United States Court of Appeals for the Fourth Circuit dismissed Vincent Brown's appeal of the district court's dismissal without prejudice of his 28 U.S.C. § 2254 habeas corpus petition. The Court of Appeals found it lacked jurisdiction because Brown failed to file a timely notice of appeal within 30 days of the district court's order as required by the Federal Rules of Appellate Procedure. While Brown's notice of appeal was filed on August 2, 2010, the district court had entered its order on February 12, 2010, making the notice of appeal untimely.

    Original Description:

    Filed: 2011-01-24 Precedential Status: Non-Precedential Docket: 10-7210

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    The United States Court of Appeals for the Fourth Circuit dismissed Vincent Brown's appeal of the district court's dismissal without prejudice of his 28 U.S.C. § 2254 habeas corpus petition. The Court of Appeals found it lacked jurisdiction because Brown failed to file a timely notice of appeal within 30 days of the district court's order as required by the Federal Rules of Appellate Procedure. While Brown's notice of appeal was filed on August 2, 2010, the district court had entered its order on February 12, 2010, making the notice of appeal untimely.

    Copyright:

    Public Domain
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    8 views3 pages

    Brown v. Nottoway Correctional Center, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Vincent Brown's appeal of the district court's dismissal without prejudice of his 28 U.S.C. § 2254 habeas corpus petition. The Court of Appeals found it lacked jurisdiction because Brown failed to file a timely notice of appeal within 30 days of the district court's order as required by the Federal Rules of Appellate Procedure. While Brown's notice of appeal was filed on August 2, 2010, the district court had entered its order on February 12, 2010, making the notice of appeal untimely.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-7210

    VINCENT MCKINLEY BROWN,


    Petitioner - Appellant,
    v.
    NOTTOWAY CORRECTIONAL CENTER; WARDEN HARRIS L. DIGGS,
    Respondents - Appellees.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    Jackson L. Kiser, Senior
    District Judge. (7:10-cv-00068-jlk-mfu)

    Submitted:

    November 23, 2010

    Decided:

    January 24, 2011

    Before NIEMEYER and MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Vincent McKinley Brown, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Vincent McKinley Brown seeks to appeal the district
    courts order dismissing without prejudice his 28 U.S.C. 2254
    (2006) petition.

    We dismiss the appeal for lack of jurisdiction

    because the notice of appeal was not timely filed.


    Parties are accorded thirty days after the entry of
    the district courts final judgment or order to note an appeal,
    Fed. R. App. P. 4(a)(1)(A), unless the district court extends
    the appeal period under Fed. R. App. P. 4(a)(5), or reopens the
    appeal period under Fed. R. App. P. 4(a)(6).

    [T]he timely

    filing of a notice of appeal in a civil case is a jurisdictional


    requirement.

    Bowles v. Russell, 551 U.S. 205, 214 (2007).

    The district courts order was entered on the docket


    on February 12, 2010.
    2, 2010. *

    The notice of appeal was filed on August

    Because Brown failed to file a timely notice of appeal

    or to obtain an extension or reopening of the appeal period, we


    dismiss the appeal.
    facts

    and

    legal

    We dispense with oral argument because the

    contentions

    are

    adequately

    presented

    in

    the

    For the purpose of this appeal, we assume that the date


    appearing on the notice of appeal is the earliest date it could
    have been properly delivered to prison officials for mailing to
    the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
    (1988).

    materials

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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