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    Henry John Whited v. Ronald F. Moat, Warden, 73 F.3d 359, 4th Cir. (1996)

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    The Fourth Circuit Court of Appeals dismissed an appeal from Henry John Whited because it was not filed within the required 30-day period. According to Federal Rules of Appellate Procedure 4(a)(1), an appeal must be filed within 30 days of the district court's order. The district court entered its order on April 14, 1995 but Whited did not file his notice of appeal until June 6, 1995, well past the 30-day deadline. Whited also failed to obtain an extension of the deadline within an additional 30 days as allowed by Rule 4(a)(5). As a result, the Fourth Circuit found it did not have jurisdiction over the untimely appeal and dismissed the case without oral argument.

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    Henry John Whited v. Ronald F. Moat, Warden, 73 F.3d 359, 4th Cir. (1996)

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    The Fourth Circuit Court of Appeals dismissed an appeal from Henry John Whited because it was not filed within the required 30-day period. According to Federal Rules of Appellate Procedure 4(a)(1), an appeal must be filed within 30 days of the district court's order. The district court entered its order on April 14, 1995 but Whited did not file his notice of appeal until June 6, 1995, well past the 30-day deadline. Whited also failed to obtain an extension of the deadline within an additional 30 days as allowed by Rule 4(a)(5). As a result, the Fourth Circuit found it did not have jurisdiction over the untimely appeal and dismissed the case without oral argument.

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    Filed: 1996-01-04 Precedential Status: Precedential Citations: 73 F.3d 359 Docket: 95-6924

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    The Fourth Circuit Court of Appeals dismissed an appeal from Henry John Whited because it was not filed within the required 30-day period. According to Federal Rules of Appellate Procedure 4(a)(1), an appeal must be filed within 30 days of the district court's order. The district court entered its order on April 14, 1995 but Whited did not file his notice of appeal until June 6, 1995, well past the 30-day deadline. Whited also failed to obtain an extension of the deadline within an additional 30 days as allowed by Rule 4(a)(5). As a result, the Fourth Circuit found it did not have jurisdiction over the untimely appeal and dismissed the case without oral argument.

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    Henry John Whited v. Ronald F. Moat, Warden, 73 F.3d 359, 4th Cir. (1996)

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    The Fourth Circuit Court of Appeals dismissed an appeal from Henry John Whited because it was not filed within the required 30-day period. According to Federal Rules of Appellate Procedure 4(a)(1), an appeal must be filed within 30 days of the district court's order. The district court entered its order on April 14, 1995 but Whited did not file his notice of appeal until June 6, 1995, well past the 30-day deadline. Whited also failed to obtain an extension of the deadline within an additional 30 days as allowed by Rule 4(a)(5). As a result, the Fourth Circuit found it did not have jurisdiction over the untimely appeal and dismissed the case without oral argument.

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    of 1

    73 F.

    3d 359
    NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished
    dispositions is disfavored except for establishing res judicata, estoppel, or the law
    of the case and requires service of copies of cited unpublished dispositions of the
    Fourth Circuit.

    Henry John WHITED, Petitioner-Appellant,


    v.
    Ronald F. MOAT, Warden, Respondent-Appellee.
    No. 95-6924.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Dec. 14, 1995.
    Decided: Jan. 4, 1996.

    Henry John Whited, Appellant Pro Se.


    Before ERVIN, Chief Judge, and WIDENER and WILKINS, Circuit
    Judges.
    PER CURIAM:

    Appellant noted this appeal outside the thirty-day appeal period established by
    Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within
    the additional thirty-day period provided by Fed. R.App. P. 4(a)(5), and is not
    entitled to relief under Fed. R.App. P. 4(a)(6). The time periods established by
    Fed. R.App. P. 4 are "mandatory and jurisdictional." Browder v. Director, Dep't
    of Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson,
    361 U.S. 220, 229 (1960)). The district court entered its order on April 14,
    1995; Appellant's notice of appeal was filed on June 6, 1995. Appellant's failure
    to note a timely appeal or obtain an extension of the appeal period deprives this
    court of jurisdiction to consider this case. 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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