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  • Hunt v. State of NC, 4th Cir. (1996)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Leonard Hunt. The court order summarizes that Mr. Hunt filed his notice of appeal outside of the 30-day period required by the Federal Rules of Appellate Procedure and did not obtain an extension. As such, the court finds it does not have jurisdiction over the untimely appeal and dismisses the case.

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    Filed: 1996-07-02 Precedential Status: Non-Precedential Docket: 96-6343

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Leonard Hunt. The court order summarizes that Mr. Hunt filed his notice of appeal outside of the 30-day period required by the Federal Rules of Appellate Procedure and did not obtain an extension. As such, the court finds it does not have jurisdiction over the untimely appeal and dismisses the case.

    Copyright:

    Public Domain
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    13 views2 pages

    Hunt v. State of NC, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Leonard Hunt. The court order summarizes that Mr. Hunt filed his notice of appeal outside of the 30-day period required by the Federal Rules of Appellate Procedure and did not obtain an extension. As such, the court finds it does not have jurisdiction over the untimely appeal and dismisses the case.

    Copyright:

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-6343

    LEONARD HUNT,
    Petitioner - Appellant,
    versus
    STATE OF NORTH CAROLINA,
    Respondent - Appellee.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District
    Judge. (CA-93-268-HC-F)
    Submitted:

    June 20, 1996

    Decided:

    July 2, 1996

    Before HALL, WILKINS, and HAMILTON, Circuit Judges.


    Dismissed by unpublished per curiam opinion.
    Leonard Hunt, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.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 May 6, 1993; Appellant's notice of appeal was filed on February 21, 1996. 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 deny
    a certificate of appealability and dismiss the appeal. We deny Appellant's motions for appointment of counsel and oral argument. 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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