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  • Williams v. McQueen, 4th Cir. (1999)

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    The United States Court of Appeals for the Fourth Circuit dismissed Glenn Lee Williams' appeal for lack of jurisdiction because his notice of appeal was filed outside of the mandatory 30-day period. The district court had entered its order on June 3, 1998, but Williams did not file his notice of appeal until July 30, 1998, which was beyond the 30-day deadline. As the appellate court does not have the authority to consider untimely appeals, it dismissed the case without reviewing the merits of Williams' appeal.

    Original Description:

    Filed: 1999-06-24 Precedential Status: Non-Precedential Docket: 98-7567

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    The United States Court of Appeals for the Fourth Circuit dismissed Glenn Lee Williams' appeal for lack of jurisdiction because his notice of appeal was filed outside of the mandatory 30-day period. The district court had entered its order on June 3, 1998, but Williams did not file his notice of appeal until July 30, 1998, which was beyond the 30-day deadline. As the appellate court does not have the authority to consider untimely appeals, it dismissed the case without reviewing the merits of Williams' appeal.

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    48 views2 pages

    Williams v. McQueen, 4th Cir. (1999)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Glenn Lee Williams' appeal for lack of jurisdiction because his notice of appeal was filed outside of the mandatory 30-day period. The district court had entered its order on June 3, 1998, but Williams did not file his notice of appeal until July 30, 1998, which was beyond the 30-day deadline. As the appellate court does not have the authority to consider untimely appeals, it dismissed the case without reviewing the merits of Williams' appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-7567

    GLENN LEE WILLIAMS,


    Plaintiff - Appellant,
    versus
    JOE MCQUEEN, Sheriff of New Hanover County
    Jail, individually and in his official capacity as Sheriff; JOHN DOE, Captain of same
    jail, individually and in his official capacity; JOHN DOE(S), Sergeants, individually and
    in their official capacity,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-98-265-5-BO)

    Submitted:

    June 17, 1999

    Decided:

    June 24, 1999

    Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.


    Glenn Lee Williams, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Glenn Lee Williams filed an untimely notice of appeal.
    dismiss for lack of jurisdiction.

    We

    The time periods for filing

    notices of appeal are governed by Fed. R. App. P. 4.


    are "mandatory and jurisdictional."

    These periods

    Browder v. Director, Dep't of

    Corrections, 434 U.S. 257, 264 (1978) (quoting United States v.


    Robinson, 361 U.S. 220, 229 (1960)). Parties to civil actions have
    thirty days within which to file in the district court notices of
    appeal from judgments or final orders.

    Fed. R. App. P. 4(a)(1).

    The only exceptions to the appeal period are when the district
    court extends the time to appeal under Fed. R. App. P. 4(a)(5) or
    reopens the appeal period under Fed. R. App. P. 4(a)(6).
    The

    district

    court

    entered

    its

    order

    on

    June

    3,

    1998;

    Williams notice of appeal was filed on July 30, 1998, which is


    beyond the thirty-day appeal period.

    Williams' failure to note a

    timely appeal or obtain an extension of the appeal period leaves


    this court without jurisdiction to consider the merits of his
    appeal.

    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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