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    Curtis Hough v. Officer Bass Calvin Duncan, Sergeant John Mills Mrs. Sanders Sergeant Martin, 841 F.2d 1122, 4th Cir. (1988)

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1988. It summarizes that Curtis Hough filed an appeal outside of the 30-day period required by the Federal Rules of Appellate Procedure. He also failed to request an extension of the appeal period within an additional 30 days as allowed. As such, the Court found it did not have jurisdiction to consider the case since the filing deadlines are mandatory. The Court therefore denied Hough's request to proceed in forma pauperis and dismissed the appeal without oral arguments.

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    Curtis Hough v. Officer Bass Calvin Duncan, Sergeant John Mills Mrs. Sanders Sergeant Martin, 841 F.2d 1122, 4th Cir. (1988)

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1988. It summarizes that Curtis Hough filed an appeal outside of the 30-day period required by the Federal Rules of Appellate Procedure. He also failed to request an extension of the appeal period within an additional 30 days as allowed. As such, the Court found it did not have jurisdiction to consider the case since the filing deadlines are mandatory. The Court therefore denied Hough's request to proceed in forma pauperis and dismissed the appeal without oral arguments.

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    Filed: 1988-02-23 Precedential Status: Non-Precedential Citations: 841 F.2d 1122 Docket: 87-7721

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    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1988. It summarizes that Curtis Hough filed an appeal outside of the 30-day period required by the Federal Rules of Appellate Procedure. He also failed to request an extension of the appeal period within an additional 30 days as allowed. As such, the Court found it did not have jurisdiction to consider the case since the filing deadlines are mandatory. The Court therefore denied Hough's request to proceed in forma pauperis and dismissed the appeal without oral arguments.

    Copyright:

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    9 views2 pages

    Curtis Hough v. Officer Bass Calvin Duncan, Sergeant John Mills Mrs. Sanders Sergeant Martin, 841 F.2d 1122, 4th Cir. (1988)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished court case from the United States Court of Appeals for the Fourth Circuit from 1988. It summarizes that Curtis Hough filed an appeal outside of the 30-day period required by the Federal Rules of Appellate Procedure. He also failed to request an extension of the appeal period within an additional 30 days as allowed. As such, the Court found it did not have jurisdiction to consider the case since the filing deadlines are mandatory. The Court therefore denied Hough's request to proceed in forma pauperis and dismissed the appeal without oral arguments.

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    of 2

    841 F.

    2d 1122
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 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.
    Curtis HOUGH, Plaintiff-Appellant,
    v.
    Officer BASS; Calvin Duncan, Sergeant; John Mills; Mrs.
    Sanders; Sergeant Martin, Defendants-Appellees.
    No. 87-7721.

    United States Court of Appeals, Fourth Circuit.


    Submitted: Jan. 15, 1988.
    Decided: Feb. 23, 1988.

    Curtis Hough, appellant pro se.


    Before DONALD RUSSELL, WIDENER and MURNAGHAN, Circuit
    Judges.
    PER CURIAM:

    Curtis Hough noted this appeal outside the 30-day appeal period established by
    Fed.R.App.P. 4(a)(1), and failed to move for an extension of the appeal period
    within the additional 30-day period provided by Fed.R.App.P. 4(a)(5). 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)). 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. See Shah v. Hutto, 722 F.2d 1167
    (4th Cir.1983) (en banc), cert. denied, 466 U.S. 975 (1984). We therefore deny
    leave to proceed in forma pauperis and dismiss the appeal. We dispense with
    oral argument because the dispositive issues recently have been decided
    authoritatively.

    DISMISSED.

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