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  • Green v. Warden, 4th Cir. (2003)

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    Georgia Green appealed the district court's denial of her 42 U.S.C. § 1983 complaint. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction because Green's notice of appeal was not timely filed within the required 30 days of the district court's order. The district court order was entered on May 30, 2002 but Green's notice of appeal was not filed until November 6, 2002, well past the 30-day deadline. The appeals court therefore dismissed the appeal for lack of jurisdiction due to the untimely notice of appeal.

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    Filed: 2003-03-25 Precedential Status: Non-Precedential Docket: 02-7751

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    Georgia Green appealed the district court's denial of her 42 U.S.C. § 1983 complaint. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction because Green's notice of appeal was not timely filed within the required 30 days of the district court's order. The district court order was entered on May 30, 2002 but Green's notice of appeal was not filed until November 6, 2002, well past the 30-day deadline. The appeals court therefore dismissed the appeal for lack of jurisdiction due to the untimely notice of appeal.

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    8 views3 pages

    Green v. Warden, 4th Cir. (2003)

    Uploaded by

    Scribd Government Docs
    Georgia Green appealed the district court's denial of her 42 U.S.C. § 1983 complaint. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction because Green's notice of appeal was not timely filed within the required 30 days of the district court's order. The district court order was entered on May 30, 2002 but Green's notice of appeal was not filed until November 6, 2002, well past the 30-day deadline. The appeals court therefore dismissed the appeal for lack of jurisdiction due to the untimely notice of appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 02-7751

    GEORGIA GREEN,
    Plaintiff - Appellant,
    versus
    WARDEN; MEDICAL STAFF OF ANNE ARUNDEL COUNTY
    DETENTION CENTER; DOCTOR JANI; DOCTOR RIVERA,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA02-1742-PJM)

    Submitted:

    March 20, 2003

    Decided:

    March 25, 2003

    Before WILLIAMS and TRAXLER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Georgia Green, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Georgia Green seeks to appeal the district courts order
    denying relief on her 42 U.S.C. 1983 (2000) complaint. We dismiss
    the appeal for lack of jurisdiction because Greens 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, see
    Fed. R. App. P. 4(a)(1), 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).
    mandatory and jurisdictional.

    This appeal period is

    Browder v. Director, Dept of

    Corrections, 434 U.S. 257, 264 (1978) (quoting United States v.


    Robinson, 361 U.S. 220, 229 (1960)).
    The district courts order was entered on the docket on May
    30, 2002.

    Greens notice of appeal was filed no earlier than

    November 6, 2002.*

    Because Green failed to file a timely notice of

    appeal or to obtain an extension or reopening of the appeal period,


    we dismiss the appeal.
    facts

    and

    legal

    We dispense with oral argument because the

    contentions

    are

    adequately

    presented

    in

    the

    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 delivered to prison officials for mailing to the court.
    See Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
    2

    materials

    before

    the

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.

    DISMISSED

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