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  • Williams-El v. Dunning, 4th Cir. (1996)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Larry S. Williams-El against officials at the Alexandria Detention Center. The court dismissed the appeal because Williams-El filed the notice of appeal outside of the 30-day period established by the Federal Rules of Appellate Procedure and did not obtain an extension. The time limits for filing an appeal are mandatory and jurisdictional, so the court did not have authority to consider the untimely appeal.

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    Filed: 1996-04-10 Precedential Status: Non-Precedential Docket: 95-7837

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Larry S. Williams-El against officials at the Alexandria Detention Center. The court dismissed the appeal because Williams-El filed the notice of appeal outside of the 30-day period established by the Federal Rules of Appellate Procedure and did not obtain an extension. The time limits for filing an appeal are mandatory and jurisdictional, so the court did not have authority to consider the untimely appeal.

    Copyright:

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

    Williams-El v. Dunning, 4th Cir. (1996)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Larry S. Williams-El against officials at the Alexandria Detention Center. The court dismissed the appeal because Williams-El filed the notice of appeal outside of the 30-day period established by the Federal Rules of Appellate Procedure and did not obtain an extension. The time limits for filing an appeal are mandatory and jurisdictional, so the court did not have authority to consider the untimely appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 95-7837

    LARRY S. WILLIAMS-EL,
    Plaintiff - Appellant,
    versus
    JAMES DUNNING, Sheriff, Alexandria Detention
    Center; RICHARD R. RUSCAK, Undersheriff,
    Alexandria Detention Center; DEBRA L. PIERSON,
    Captain of Security, Alexandria Detention
    Center; JOHN L. GRIGGS, Captain for Inmate
    Service, Alexandria Detention Center; SERGEANT
    REYNOLDS, Watch Commander (A-1), Alexandria
    Detention Center; DEPUTY JACOBSON (A-1),
    Alexandria Detention Center,
    Defendants - Appellees,
    and
    C. S. CHAPMAN, Deputy, (A-1), Alexandria
    Detention Center; EDWARD MURRAY, Director for
    the Department of Corrections,
    Defendants.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Robert E. Payne, District Judge.
    (CA-93-698-N)
    Submitted:

    March 21, 1996

    Decided:

    April 10, 1996

    Before NIEMEYER and MICHAEL, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    Larry S. Williams-El, Appellant Pro Se.
    Virginia, for Appellees.

    Jack L. Gould, Fairfax,

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Appellant noted this appeal outside the thirty-day appeal
    period established by Fed. R. App. P. 4(a)(1), failed to obtain an
    extension of the appeal period within the additional thirty-day
    period provided by Fed. R. App. P. 4(a)(5), and is not entitled to
    relief under Fed. R. App. P. 4(a)(6). The time periods established
    by Fed. R. App. P. 4 are "mandatory and jurisdictional." Browder v.
    Director, Dep't of Corrections, 434 U.S. 257, 264 (1978) (quoting
    United States v. Robinson, 361 U.S. 220, 229 (1960)). The district
    court entered its order on Oct. 4, 1995; Appellant's notice of
    appeal was filed on Nov. 15, 1995. Appellant's failure to note a
    timely appeal or obtain an extension of the appeal period deprives
    this court of jurisdiction to consider this case. We therefore 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

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