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  • Dotson v. Ferguson, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Leroy S. Dotson, Jr. for lack of jurisdiction. The district court had dismissed Dotson's 42 U.S.C. § 1983 action and reopened the time for him to file a notice of appeal until July 21, 2003. However, Dotson did not file his notice of appeal until August 21, 2003, outside the extended 14-day period. As such, the Fourth Circuit found it did not have jurisdiction over the untimely appeal and dismissed the case.

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    Filed: 2004-01-15 Precedential Status: Non-Precedential Docket: 03-7352

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Leroy S. Dotson, Jr. for lack of jurisdiction. The district court had dismissed Dotson's 42 U.S.C. § 1983 action and reopened the time for him to file a notice of appeal until July 21, 2003. However, Dotson did not file his notice of appeal until August 21, 2003, outside the extended 14-day period. As such, the Fourth Circuit found it did not have jurisdiction over the untimely appeal and dismissed the case.

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    Public Domain
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    4 views3 pages

    Dotson v. Ferguson, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Leroy S. Dotson, Jr. for lack of jurisdiction. The district court had dismissed Dotson's 42 U.S.C. § 1983 action and reopened the time for him to file a notice of appeal until July 21, 2003. However, Dotson did not file his notice of appeal until August 21, 2003, outside the extended 14-day period. As such, the Fourth Circuit found it did not have jurisdiction over the untimely appeal and dismissed the case.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 03-7352

    LEROY S. DOTSON, JR.,


    Plaintiff - Appellant,
    versus
    TOMLIN FERGUSON, Former Plant Manager; RICKY
    JOHNSON,
    Plant
    Manager;
    MARK
    ALLEN,
    Superintendent;
    ROB
    OLSON,
    Matt
    Build
    Supervisor,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA03-1183-DKC)

    Submitted:

    December 18, 2003

    Decided:

    January 15, 2004

    Before LUTTIG, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Leroy S. Dotson, Jr., Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Leroy S. Dotson, Jr., seeks to appeal the district
    courts order dismissing his action brought pursuant to 42 U.S.C.
    1983 (2000).

    We dismiss the appeal for lack of jurisdiction

    because the notice of appeal was not timely filed.


    Parties in a civil action where the United States is not
    a party, are accorded thirty days after the entry of the district
    courts final judgment or order to note an appeal.
    4(a)(1)(A).

    Fed. R. App. P.

    However, a court may extend the appeals period for

    fourteen days upon a partys timely motion to reopen the appeal


    period.

    Fed. R. App. P. 4(a)(6).

    This appeal period is mandatory

    and jurisdictional. Browder v. Director, Dept of Corr., 434 U.S.


    257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220,
    229 (1960)).
    The district courts order reopening the time for Dotson
    to file a notice of appeal was entered on the docket on July 7,
    2003, affording Dotson until July 21, 2003, to file a notice of
    appeal.

    Fed. R. App. P. 4(a)(6).

    However, Dotsons notice of

    appeal was dated August 20, 2003, and filed on August 21, 2003.
    Because Dotson failed to file a timely notice of appeal within the
    extended fourteen-day appeal period, we dismiss the appeal for lack
    of jurisdiction.

    We dispense with oral argument because the facts

    - 2 -

    and legal contentions are adequately presented in the materials


    before the court and argument would not aid the decisional process.

    DISMISSED

    - 3 -

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