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    The Fourth Circuit Court of Appeals dismissed Joseph Monroe's appeal of a district court's grant of summary judgment for the defendants. The Court found that it did not have jurisdiction to consider the appeal because Monroe's notice of appeal was filed more than 30 days after the entry of judgment in the district court. According to the Federal Rules of Appellate Procedure, a notice of appeal in a civil case must be filed within 30 days of the entry of judgment to be timely, but Monroe's notice was not received by the district court until over 90 days after judgment was entered. Therefore, the appeal was dismissed as untimely.

    Original Description:

    Filed: 1987-06-16 Precedential Status: Non-Precedential Citations: 822 F.2d 55 Docket: 87-6008

    Original Title

    Joseph Robert Monroe, I v. Dr. Seige, Ex-County Doctor, and James Wise, Sheriff John Dowd, Lt., Chief Jailer Mr. Lowe, County Manager Moore County Commissioners David Bryant Ron Kelly Randy Maness Harold Mooney, 822 F.2d 55, 4th Cir. (1987)

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    The Fourth Circuit Court of Appeals dismissed Joseph Monroe's appeal of a district court's grant of summary judgment for the defendants. The Court found that it did not have jurisdiction to consider the appeal because Monroe's notice of appeal was filed more than 30 days after the entry of judgment in the district court. According to the Federal Rules of Appellate Procedure, a notice of appeal in a civil case must be filed within 30 days of the entry of judgment to be timely, but Monroe's notice was not received by the district court until over 90 days after judgment was entered. Therefore, the appeal was dismissed as untimely.

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    Public Domain
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    25 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    The Fourth Circuit Court of Appeals dismissed Joseph Monroe's appeal of a district court's grant of summary judgment for the defendants. The Court found that it did not have jurisdiction to consider the appeal because Monroe's notice of appeal was filed more than 30 days after the entry of judgment in the district court. According to the Federal Rules of Appellate Procedure, a notice of appeal in a civil case must be filed within 30 days of the entry of judgment to be timely, but Monroe's notice was not received by the district court until over 90 days after judgment was entered. Therefore, the appeal was dismissed as untimely.

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    of 2

    822 F.

    2d 55
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Joseph Robert MONROE, I, Plaintiff-Appellant,
    v.
    Dr. SEIGE, Ex-County Doctor, Defendant-Appellee,
    and
    James WISE, Sheriff; John Dowd, Lt., Chief Jailer; Mr.
    Lowe, County Manager; Moore County Commissioners;
    David Bryant; Ron Kelly; Randy
    Maness; Harold Mooney, Defendants.
    No. 87-6008.

    United States Court of Appeals, Fourth Circuit.


    Submitted April 27, 1987.
    Decided June 16, 1987.

    Before RUSSELL, HALL and PHILLIPS, Circuit Judges.


    Joseph Robert Monroe, I, appellant pro se.
    Allan R. Gitter, Womble, Carlyle, Sandridge & Rice, for appellees.
    PER CURIAM:

    Joseph Monroe appeals the district court's order granting the defendant's
    motion for summary judgment. The district court's order was entered on
    October 22, 1986. Monroe's notice of appeal was not received by the district
    court until January 22, 1987.
    In civil actions in which the United States is not a party, appellants have thirty

    days after the entry of judgment to file their notice of appeal. Rule 4(a)(1),
    Fed.R.App.P. A judgment is considered entered when the document ending the
    litigation, separate from the court order stating the court's reasoning, has been
    entered on the district court's docket sheet. Judgment was entered in this case
    on October 22. Therefore, Monroe's notice of appeal which was filed on
    January 22 was untimely and this court is without jurisdiction to consider the
    merits of this appeal.

    Accordingly, we dismiss the appeal for want of jurisdiction and dispense with
    oral argument.

    DISMISSED.

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