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  • Honaker v. Liller, 4th Cir. (1999)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Helen Jean Honaker's appeal of the denial of her habeas corpus petition. The court finds that it lacks jurisdiction over the appeal because Honaker's notice of appeal was filed more than 30 days after the district court entered its order denying her petition. The appeal period is mandatory and jurisdictional, and Honaker's failure to timely file a notice of appeal or obtain an extension of the filing period leaves the appellate court without authority to consider the merits of the appeal. The Fourth Circuit therefore denies a certificate of appealability and dismisses the appeal.

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    Filed: 1999-11-10 Precedential Status: Non-Precedential Docket: 99-7347

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Helen Jean Honaker's appeal of the denial of her habeas corpus petition. The court finds that it lacks jurisdiction over the appeal because Honaker's notice of appeal was filed more than 30 days after the district court entered its order denying her petition. The appeal period is mandatory and jurisdictional, and Honaker's failure to timely file a notice of appeal or obtain an extension of the filing period leaves the appellate court without authority to consider the merits of the appeal. The Fourth Circuit therefore denies a certificate of appealability and dismisses the appeal.

    Copyright:

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

    Honaker v. Liller, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Helen Jean Honaker's appeal of the denial of her habeas corpus petition. The court finds that it lacks jurisdiction over the appeal because Honaker's notice of appeal was filed more than 30 days after the district court entered its order denying her petition. The appeal period is mandatory and jurisdictional, and Honaker's failure to timely file a notice of appeal or obtain an extension of the filing period leaves the appellate court without authority to consider the merits of the appeal. The Fourth Circuit therefore denies a certificate of appealability and dismisses the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 99-7347

    HELEN JEAN HONAKER,


    Petitioner - Appellant,
    versus
    J. N. LILLER, Warden, Pruntytown Correctional
    Center; STATE OF WEST VIRGINIA,
    Respondents - Appellees.

    Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. John T. Copenhaver, Jr.,
    District Judge. (CA-98-564-2)

    Submitted:

    November 4, 1999

    Decided:

    November 10, 1999

    Before NIEMEYER, MICHAEL, and KING, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Helen Jean Honaker, Appellant Pro Se. Darrell V. McGraw, Jr., Dawn
    Ellen Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA,
    Charleston, West Virginia, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Helen Jean Honaker seeks to appeal the district courts order
    denying relief on her petition filed under 28 U.S.C.A. 2254 (West
    1994 & Supp. 1999).

    We dismiss the appeal for lack of jurisdiction

    because Honakers 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, see Fed.
    R. App. P. 4(a)(1), 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).
    and jurisdictional.

    This appeal period is mandatory

    Browder v. Director, Dept of Corrections,

    434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361
    U.S. 220, 229 (1960)).
    The
    Honakers

    district
    notice

    court
    of

    entered

    appeal

    was

    its

    order

    filed

    on

    on

    July

    20,

    1999;

    September

    27,

    1999.

    Honakers 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 her appeal.
    We therefore deny a certificate of appealability and dismiss the
    appeal. We dispense with oral argument because the facts and legal

    For the purposes of this appeal we assume that the date


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

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    DISMISSED

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