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  • Blackwell v. Smith, 4th Cir. (2010)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George W. Blackwell, Sr. for lack of jurisdiction. The district court had dismissed Blackwell's civil action on October 8, 2009. However, Blackwell did not file his notice of appeal until November 10, 2009, which was beyond the 30-day deadline. As the timely filing of a notice of appeal is a jurisdictional requirement, the Fourth Circuit dismissed the appeal for this reason. The Court dispensed with oral argument, finding the facts and legal contentions were adequately presented.

    Original Description:

    Filed: 2010-05-03 Precedential Status: Non-Precedential Docket: 09-2297

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George W. Blackwell, Sr. for lack of jurisdiction. The district court had dismissed Blackwell's civil action on October 8, 2009. However, Blackwell did not file his notice of appeal until November 10, 2009, which was beyond the 30-day deadline. As the timely filing of a notice of appeal is a jurisdictional requirement, the Fourth Circuit dismissed the appeal for this reason. The Court dispensed with oral argument, finding the facts and legal contentions were adequately presented.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    7 views3 pages

    Blackwell v. Smith, 4th Cir. (2010)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George W. Blackwell, Sr. for lack of jurisdiction. The district court had dismissed Blackwell's civil action on October 8, 2009. However, Blackwell did not file his notice of appeal until November 10, 2009, which was beyond the 30-day deadline. As the timely filing of a notice of appeal is a jurisdictional requirement, the Fourth Circuit dismissed the appeal for this reason. The Court dispensed with oral argument, finding the facts and legal contentions were adequately presented.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-2297

    GEORGE W. BLACKWELL, SR.,


    Plaintiff - Appellant,
    v.
    PAULA Y. SMITH, Dr.; PHILLIP STOVER, M.D.; BOYD BENNETT;
    THEODIS BECK; KENNETH TEAGUE; TONY SMITH,
    Defendants - Appellees,
    and
    SHANG-HSIEN STANLEY YUAN; RICK ANDERSON; FMCU,
    Defendants.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Asheville.
    Graham C. Mullen,
    Senior District Judge. (1:08-cv-00526-GCM)

    Submitted:

    April 29, 2010

    Decided:

    May 3, 2010

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


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    George W. Blackwell, Sr., Appellant Pro Se.


    Yvonne Bulluck
    Ricci, Assistant Attorney General, Raleigh, North Carolina, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    George W. Blackwell, Sr., seeks to appeal the district
    courts

    order

    dismissing

    his

    civil

    action.

    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.
    The

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


    district

    courts

    docket on October 8, 2009.


    November 10, 2009.

    judgment

    was

    entered

    on

    the

    The notice of appeal was filed on

    Because Blackwell failed to file a timely

    notice of appeal or to obtain an extension or reopening of the


    appeal period, we 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

    Blackwells claims against Defendants Paula Smith, M.D.,


    and Phillip Stover, M.D., were dismissed without prejudice. The
    remainder of Blackwells claims were dismissed with prejudice.

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