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  • Jones v. Sondervan, 4th Cir. (2002)

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    The United States Court of Appeals for the Fourth Circuit dismissed Levone Jones' appeal of a district court ruling granting summary judgment to two defendants and dismissing claims against two other defendants. The appeals court found that Jones' notice of appeal was filed over a year after the district court's order, well past the 30-day deadline. As such, the court lacked jurisdiction over the untimely appeal. The court also denied Jones' requests for appointment of counsel and a medical expert witness.

    Original Description:

    Filed: 2002-06-19 Precedential Status: Non-Precedential Docket: 02-6630

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    The United States Court of Appeals for the Fourth Circuit dismissed Levone Jones' appeal of a district court ruling granting summary judgment to two defendants and dismissing claims against two other defendants. The appeals court found that Jones' notice of appeal was filed over a year after the district court's order, well past the 30-day deadline. As such, the court lacked jurisdiction over the untimely appeal. The court also denied Jones' requests for appointment of counsel and a medical expert witness.

    Copyright:

    Public Domain
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    3 views3 pages

    Jones v. Sondervan, 4th Cir. (2002)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Levone Jones' appeal of a district court ruling granting summary judgment to two defendants and dismissing claims against two other defendants. The appeals court found that Jones' notice of appeal was filed over a year after the district court's order, well past the 30-day deadline. As such, the court lacked jurisdiction over the untimely appeal. The court also denied Jones' requests for appointment of counsel and a medical expert witness.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-6630

    LEVONE JONES,
    Plaintiff - Appellant,
    versus
    WILLIAM
    W.
    SONDERVAN,
    Commissioner
    of
    Corrections; RONALD HUTCHINSON, MHC Warden;
    PRISON HEALTH SERVICES; THE UNIVERSITY OF
    MARYLAND HOSPITAL,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA00-3595-PJM)

    Submitted:

    June 13, 2002

    Decided:

    June 19, 2002

    Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Levone Jones, Appellant Pro Se. John Joseph Curran, Jr., Attorney
    General, Sharon Stanley Street, Assistant Attorney General,
    Baltimore, Maryland, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Levone Jones seeks to appeal the district courts order
    granted

    summary

    judgment

    to

    William

    Sondervan

    and

    that

    Ronald

    Hutchinson, and dismissed all claims against Prison Health Services


    and the University of Maryland Hospital. We dismiss the appeal for
    lack of jurisdiction because Jones 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).
    mandatory and jurisdictional.

    This appeal period is

    Browder v. Director, Dept of

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


    Robinson, 361 U.S. 220, 229 (1960)).
    The district courts order was entered on the docket on April
    24, 2001.

    Jones notice of appeal was filed on April 16, 2002.

    Because Jones failed to file a timely notice of appeal or to obtain


    an extension or reopening of the appeal period, we dismiss the
    appeal.

    We deny Jones motion for appointment of counsel and a

    medical expert witness. 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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