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  • Gregory Ross v. Superintendent Michael Ball, 4th Cir. (2013)

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    This document summarizes a United States Court of Appeals case in which Gregory Lynn Ross appealed the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The magistrate judge had dismissed the petition as untimely. The Court of Appeals dismissed the appeal for lack of jurisdiction because Ross failed to file a timely notice of appeal within 30 days of the magistrate judge's final order, as required. Ross had filed a motion for a certificate of appealability two months after the order, making his appeal untimely.

    Original Description:

    Filed: 2013-09-04 Precedential Status: Non-Precedential Docket: 13-6825

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    This document summarizes a United States Court of Appeals case in which Gregory Lynn Ross appealed the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The magistrate judge had dismissed the petition as untimely. The Court of Appeals dismissed the appeal for lack of jurisdiction because Ross failed to file a timely notice of appeal within 30 days of the magistrate judge's final order, as required. Ross had filed a motion for a certificate of appealability two months after the order, making his appeal untimely.

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    1 views3 pages

    Gregory Ross v. Superintendent Michael Ball, 4th Cir. (2013)

    Uploaded by

    Scribd Government Docs
    This document summarizes a United States Court of Appeals case in which Gregory Lynn Ross appealed the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The magistrate judge had dismissed the petition as untimely. The Court of Appeals dismissed the appeal for lack of jurisdiction because Ross failed to file a timely notice of appeal within 30 days of the magistrate judge's final order, as required. Ross had filed a motion for a certificate of appealability two months after the order, making his appeal untimely.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6825

    GREGORY LYNN ROSS,


    Petitioner - Appellant,
    v.
    SUPERINTENDENT MICHAEL BALL,
    Respondent - Appellee.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Greensboro.
    L. Patrick Auld,
    Magistrate Judge. (1:12-cv-00292-LPA-LPA)

    Submitted:

    August 29, 2013

    Decided:

    September 4, 2013

    Before DUNCAN, AGEE, and KEENAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Gregory Lynn Ross, Appellant Pro Se.


    Clarence Joe DelForge,
    III, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North
    Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Gregory

    Lynn

    Ross

    seeks

    to

    appeal

    the

    magistrate

    judges order 1 dismissing as untimely his 28 U.S.C. 2254 (2006)


    petition.

    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
    final judgment or order to note an appeal, Fed. R. App. P.
    4(a)(1)(A),

    unless

    the

    magistrate

    judge

    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).
    notice

    of

    appeal

    requirement.

    in

    civil

    [T]he timely filing of a

    case

    is

    jurisdictional

    Bowles v. Russell, 551 U.S. 205, 214 (2007).

    The magistrate judge entered judgment on February 27,


    2013.

    Ross filed a motion for a certificate of appealability on

    May 7, 2013. 2

    Because Ross 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

    judge.

    Both parties consented to proceeding before a magistrate


    See 28 U.S.C. 636(c) (2006).

    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. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
    (1988).

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

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