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  • Robinson v. Suddreath, 4th Cir. (2000)

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    The United States Court of Appeals for the Fourth Circuit dismissed Maxie Robinson's appeal for lack of jurisdiction because his notice of appeal was untimely. Federal Rule of Appellate Procedure 4 establishes mandatory deadlines for filing a notice of appeal of 30 days from the district court's final order or judgment. The district court entered its order on August 17, 1999, but Robinson did not file his notice of appeal until September 24, 1999, beyond the 30-day deadline. As Robinson did not obtain an extension or reopening of the appeal period, the Court of Appeals was without jurisdiction to consider the merits of the appeal and had to dismiss the case.

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    Filed: 2000-01-20 Precedential Status: Non-Precedential Docket: 99-7319

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    The United States Court of Appeals for the Fourth Circuit dismissed Maxie Robinson's appeal for lack of jurisdiction because his notice of appeal was untimely. Federal Rule of Appellate Procedure 4 establishes mandatory deadlines for filing a notice of appeal of 30 days from the district court's final order or judgment. The district court entered its order on August 17, 1999, but Robinson did not file his notice of appeal until September 24, 1999, beyond the 30-day deadline. As Robinson did not obtain an extension or reopening of the appeal period, the Court of Appeals was without jurisdiction to consider the merits of the appeal and had to dismiss the case.

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    Public Domain
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    5 views3 pages

    Robinson v. Suddreath, 4th Cir. (2000)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Maxie Robinson's appeal for lack of jurisdiction because his notice of appeal was untimely. Federal Rule of Appellate Procedure 4 establishes mandatory deadlines for filing a notice of appeal of 30 days from the district court's final order or judgment. The district court entered its order on August 17, 1999, but Robinson did not file his notice of appeal until September 24, 1999, beyond the 30-day deadline. As Robinson did not obtain an extension or reopening of the appeal period, the Court of Appeals was without jurisdiction to consider the merits of the appeal and had to dismiss the case.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-7319

    MAXIE ROBINSON,
    Plaintiff - Appellant,
    versus
    ASSISTANT
    SUPERVISOR
    SUDDREATH;
    SERGEANT
    CHALMERS; OFFICER GREEN; LIEUTENANT TURNER,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District
    Judge. (CA-99-425)

    Submitted:

    January 13, 2000

    Decided:

    January 20, 2000

    Before WIDENER, WILKINS, and LUTTIG, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Maxie Robinson, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Maxie Robinson filed an untimely notice of appeal. We dismiss
    the appeal for lack of jurisdiction.

    The time periods for filing

    notices of appeal are governed by Fed. R. App. P. 4. These periods


    are mandatory and jurisdictional.

    Browder v. Director, Dept of

    Corrections, 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.

    See 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 August 17, 1999;
    Robinsons notice of appeal was filed on September 24, 1999.
    Robinsons failure to file a timely notice of appeal* or to obtain
    either an extension or a reopening of the appeal period leaves this
    court without jurisdiction to consider the merits of his appeal.
    We therefore dismiss the appeal. Robinsons motion for appointment
    of counsel is denied.

    We dispense with oral argument because the

    facts and legal contentions are adequately presented in the mate-

    For the purposes of this appeal we assume that the date


    Appellant wrote on the notice of appeal is the earliest date it
    would have been submitted to prison authorities. See Houston v.
    Lack, 487 U.S. 266 (1988).
    2

    rials before the court and argument would not aid the decisional
    process.

    DISMISSED

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