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  • Sowells v. Dillon County, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed James Curtis Sowells' appeal of the district court's order dismissing his 42 U.S.C. § 1983 civil rights action. The district court had entered its order on December 18, 2006. However, Sowells did not file his notice of appeal until January 22, 2007, which was beyond the 30-day deadline for filing an appeal. As the deadline is mandatory and jurisdictional, the Court of Appeals dismissed the appeal for lack of jurisdiction since the notice of appeal was not timely filed.

    Original Description:

    Filed: 2007-08-01 Precedential Status: Non-Precedential Docket: 07-6136

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    The United States Court of Appeals for the Fourth Circuit dismissed James Curtis Sowells' appeal of the district court's order dismissing his 42 U.S.C. § 1983 civil rights action. The district court had entered its order on December 18, 2006. However, Sowells did not file his notice of appeal until January 22, 2007, which was beyond the 30-day deadline for filing an appeal. As the deadline is mandatory and jurisdictional, the Court of Appeals dismissed the appeal for lack of jurisdiction since the notice of appeal was not timely filed.

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    6 views3 pages

    Sowells v. Dillon County, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed James Curtis Sowells' appeal of the district court's order dismissing his 42 U.S.C. § 1983 civil rights action. The district court had entered its order on December 18, 2006. However, Sowells did not file his notice of appeal until January 22, 2007, which was beyond the 30-day deadline for filing an appeal. As the deadline is mandatory and jurisdictional, the Court of Appeals dismissed the appeal for lack of jurisdiction since the notice of appeal was not timely filed.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-6136

    JAMES CURTIS SOWELLS,


    Plaintiff - Appellant,
    versus
    DILLON COUNTY DETENTION CENTER; JOHNNY SAPP,
    Captain; ALL SUBORDINATES CORRECTION OFFICERS;
    JUDGE DAVIS,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Rock Hill. Cameron McGowan Currie, District
    Judge. (0-06-cv-03284-CMC)

    Submitted:

    July 18, 2007

    Decided:

    August 1, 2007

    Before KING, SHEDD, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    James Curtis Sowells, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    James Curtis Sowells seeks to appeal the district courts
    order dismissing his 42 U.S.C. 1983 (2000) action.

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

    This appeal period is mandatory

    Browder v. Dir., Dept of Corr., 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
    December 18, 2006.

    The notice of appeal can be deemed filed, at

    the earliest, on January 22, 2007.*

    Because Sowells failed to file

    a timely notice of appeal or to obtain an extension or reopening of


    the appeal period, we dismiss the appeal.
    argument

    because

    We dispense with oral

    the facts and legal contentions are adequately

    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).
    - 2 -

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

    DISMISSED

    - 3 -

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