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  • Bridgeman v. State of SC, 4th Cir. (1998)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Radio Bridgeman's appeal for lack of jurisdiction. The district court had denied Bridgeman's habeas corpus petition on April 30, 1998, but Bridgeman did not file his notice of appeal until June 4, 1998, more than 30 days later. Under the Federal Rules of Appellate Procedure, notices of appeal must be filed within 30 days of the district court's final order. As Bridgeman's notice of appeal was untimely and he did not obtain an extension of the appeal period, the Fourth Circuit found that it lacked jurisdiction over the appeal and dismissed the case.

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    Filed: 1998-11-16 Precedential Status: Non-Precedential Docket: 98-6846

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Radio Bridgeman's appeal for lack of jurisdiction. The district court had denied Bridgeman's habeas corpus petition on April 30, 1998, but Bridgeman did not file his notice of appeal until June 4, 1998, more than 30 days later. Under the Federal Rules of Appellate Procedure, notices of appeal must be filed within 30 days of the district court's final order. As Bridgeman's notice of appeal was untimely and he did not obtain an extension of the appeal period, the Fourth Circuit found that it lacked jurisdiction over the appeal and dismissed the case.

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    Public Domain
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    0 views2 pages

    Bridgeman v. State of SC, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing William Radio Bridgeman's appeal for lack of jurisdiction. The district court had denied Bridgeman's habeas corpus petition on April 30, 1998, but Bridgeman did not file his notice of appeal until June 4, 1998, more than 30 days later. Under the Federal Rules of Appellate Procedure, notices of appeal must be filed within 30 days of the district court's final order. As Bridgeman's notice of appeal was untimely and he did not obtain an extension of the appeal period, the Fourth Circuit found that it lacked jurisdiction over the appeal and dismissed the case.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6846

    WILLIAM RADIO BRIDGEMAN,


    Petitioner - Appellant,
    versus
    STATE OF SOUTH CAROLINA; ATTORNEY GENERAL OF
    SOUTH CAROLINA,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Charleston. G. Ross Anderson, Jr., District
    Judge. CA-97-3348-2-13AJ)

    Submitted:

    October 8, 1998

    Decided:

    November 16, 1998

    Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    William Radio Bridgeman, Appellant Pro Se.
    Chief Deputy Attorney General, Columbia,
    Appellees.

    Donald John Zelenka,


    South Carolina, for

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    William Radio Bridgeman filed an untimely notice of appeal. We
    dismiss for lack of jurisdiction. The time periods for filing
    notices of appeal are governed by Fed. R. App. P. 4. These periods
    are mandatory and jurisdictional. Browder v. Director, Dept 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 April 30, 1998;
    Bridgemans notice of appeal was filed on June 4, 1998, which is
    beyond the thirty-day appeal period. Bridgemans failure to note a
    timely appeal or obtain an extension of the appeal period leaves
    this court without jurisdiction to consider the merits of Bridgemans appeal. We therefore deny a certificate of appealability and
    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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