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    Peoples v. Davis, 4th Cir. (2010)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal in a 42 U.S.C. § 1983 case. The district court had granted summary judgment to the defendants. The appellate court dismisses the appeal for lack of jurisdiction because the plaintiff's notice of appeal was not filed within the required 30 days of the district court's order. Federal rules require appeals to be filed within 30 days, and this deadline is mandatory and jurisdictional. As the notice of appeal in this case was filed more than 30 days after the district court's order, the appellate court must dismiss the appeal.

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    Peoples v. Davis, 4th Cir. (2010)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal in a 42 U.S.C. § 1983 case. The district court had granted summary judgment to the defendants. The appellate court dismisses the appeal for lack of jurisdiction because the plaintiff's notice of appeal was not filed within the required 30 days of the district court's order. Federal rules require appeals to be filed within 30 days, and this deadline is mandatory and jurisdictional. As the notice of appeal in this case was filed more than 30 days after the district court's order, the appellate court must dismiss the appeal.

    Original Description:

    Filed: 2010-01-26 Precedential Status: Non-Precedential Docket: 09-6973

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal in a 42 U.S.C. § 1983 case. The district court had granted summary judgment to the defendants. The appellate court dismisses the appeal for lack of jurisdiction because the plaintiff's notice of appeal was not filed within the required 30 days of the district court's order. Federal rules require appeals to be filed within 30 days, and this deadline is mandatory and jurisdictional. As the notice of appeal in this case was filed more than 30 days after the district court's order, the appellate court must dismiss the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    2 views4 pages

    Peoples v. Davis, 4th Cir. (2010)

    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 in a 42 U.S.C. § 1983 case. The district court had granted summary judgment to the defendants. The appellate court dismisses the appeal for lack of jurisdiction because the plaintiff's notice of appeal was not filed within the required 30 days of the district court's order. Federal rules require appeals to be filed within 30 days, and this deadline is mandatory and jurisdictional. As the notice of appeal in this case was filed more than 30 days after the district court's order, the appellate court must dismiss the appeal.

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-6973

    ROBERT PEOPLES,
    Plaintiff - Appellant,
    v.
    LEON DAVIS, Sergeant, Lieber Correctional Institution; JOYCE
    PERRY, Sergeant, Lieber Correctional Institution; HALLBACK,
    Officer,
    Lieber
    Correctional
    Institution;
    Mr.
    THIERRY
    NETTLES, SMU Administrator, Lieber Correctional Institution;
    JEAN RANDAL, IGC, Lieber Correctional Institution; KEVIN
    WILLIAMS,
    Lieutenant,
    Lieber
    Correctional
    Institution;
    JOSEPH POWELL, HCA, Lieber Correctional Institution; DARYL
    KING, Lieutenant, Lieber Correctional Institution; JON
    OZMINT, Director, all ind. capacities,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Anderson.
    Cameron McGowan Currie, District
    Judge. (8:08-cv-00251-CMC)

    Submitted:

    January 19, 2010

    Decided:

    January 26, 2010

    Before NIEMEYER, KING, and DAVIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Robert Peoples, Appellant Pro Se.


    Goforth, HOLCOMBE, BOMAR, GUNN &
    South Carolina, for Appellees.

    Andrew Todd Darwin, Ginger


    BRADFORD, PA, Spartanburg,

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robert Peoples seeks to appeal the district courts
    order granting summary judgment in favor of Defendants in his 42
    U.S.C. 1983 (2006) action.

    We dismiss the appeal for lack of

    jurisdiction because the 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,
    Fed. R. App. P. 4(a)(1)(A), 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).
    is mandatory and jurisdictional.
    Corr.,

    434

    U.S.

    257,

    264

    (1978)

    This appeal period

    Browder v. Dir., Dept of


    (quoting

    United

    States

    v.

    Robinson, 361 U.S. 220, 229 (1960)).


    The district courts order was entered on the docket
    on February 24, 2009.
    30, 2009.

    The notice of appeal was filed on April

    Because Peoples failed to file a timely notice of

    appeal or to obtain an extension or reopening of the appeal


    period, we dismiss the appeal.

    We dispense with oral argument

    because the facts and legal contentions are adequately presented

    For the purpose of this appeal, we assume that the date


    appearing on the notice of appeal is the earliest date it could
    have been properly delivered to prison officials for mailing to
    the court.
    See Fed. R. App. P. 4(c)(1); Houston v. Lack, 487
    U.S. 266, 276 (1988).

    in the materials before the court and argument would not aid the
    decisional process.
    DISMISSED

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