Scribd Logo
Upload

Welcome to Scribd!

  • Hardy v. Warden, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    6 views2 pages
    The United States Court of Appeals for the Fourth Circuit dismissed Kevin Hardy's appeal for lack of jurisdiction because his notice of appeal was untimely. Notices of appeal in civil cases must be filed within 30 days of the district court's order or judgment. The district court entered its order on January 4, 1999, but Hardy did not file his notice of appeal until February 16, 1999, which was beyond the 30-day deadline. As Hardy failed to timely file his notice of appeal or obtain an extension, the Court of Appeals did not have jurisdiction to consider the merits of the appeal and dismissed the case.

    Original Description:

    Filed: 1999-06-23 Precedential Status: Non-Precedential Docket: 99-6314

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The United States Court of Appeals for the Fourth Circuit dismissed Kevin Hardy's appeal for lack of jurisdiction because his notice of appeal was untimely. Notices of appeal in civil cases must be filed within 30 days of the district court's order or judgment. The district court entered its order on January 4, 1999, but Hardy did not file his notice of appeal until February 16, 1999, which was beyond the 30-day deadline. As Hardy failed to timely file his notice of appeal or obtain an extension, the Court of Appeals did not have jurisdiction to consider the merits of the appeal and dismissed the case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    6 views2 pages

    Hardy v. Warden, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Kevin Hardy's appeal for lack of jurisdiction because his notice of appeal was untimely. Notices of appeal in civil cases must be filed within 30 days of the district court's order or judgment. The district court entered its order on January 4, 1999, but Hardy did not file his notice of appeal until February 16, 1999, which was beyond the 30-day deadline. As Hardy failed to timely file his notice of appeal or obtain an extension, the Court of Appeals did not have jurisdiction to consider the merits of the appeal and dismissed the case.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-6314

    KEVIN HARDY,
    Petitioner - Appellant,
    versus
    WARDEN, Maryland House of Corrections - Annex,
    Respondent - Appellee.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA98-2590-DKC)

    Submitted:

    June 17, 1999

    Decided:

    June 23, 1999

    Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Kevin Hardy, Appellant Pro Se. John Joseph Curran, Jr., Attorney
    General, David Jonathan Taube, Assistant Attorney General, Ann
    Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Kevin Hardy filed an untimely notice of appeal.
    for lack of jurisdiction.

    The time periods for filing notices of

    appeal are governed by Fed. R. App. P. 4.


    datory and jurisdictional."

    We dismiss

    These periods are "man-

    Browder v. Director, Dep't of Correc-

    tions, 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(a)(1).

    The only

    exceptions to the appeal period are when the district court extends
    the time to appeal under Fed. R. App. P. 4(a)(5) or reopens the
    appeal period under Fed. R. App. P. 4(a)(6).
    The district court entered its order on January 4, 1999; Hardy
    asserts that he gave his notice of appeal to a prison officer for
    mailing on February 16, 1999, which is beyond the thirty-day appeal
    period.

    Hardy's failure to note a timely appeal or obtain an

    extension of the appeal period leaves this court without jurisdiction to consider the merits of his appeal.

    We therefore deny a

    certificate of appealability and 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

    You might also like