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  • Zimmerman v. Brubaker, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal for lack of jurisdiction because the appellant filed an untimely notice of appeal. The time periods for filing a notice of appeal are mandatory and jurisdictional. Parties to civil actions have 30 days to file a notice of appeal in the district court. The appellant failed to file within this 30-day period and did not obtain an extension or reopening of the appeal period. Therefore, the court granted the appellees' motions to dismiss and dismissed the appeal.

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    Filed: 1996-08-07 Precedential Status: Non-Precedential Docket: 96-1450

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    The United States Court of Appeals for the Fourth Circuit dismissed an appeal for lack of jurisdiction because the appellant filed an untimely notice of appeal. The time periods for filing a notice of appeal are mandatory and jurisdictional. Parties to civil actions have 30 days to file a notice of appeal in the district court. The appellant failed to file within this 30-day period and did not obtain an extension or reopening of the appeal period. Therefore, the court granted the appellees' motions to dismiss and dismissed the appeal.

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    8 views2 pages

    Zimmerman v. Brubaker, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed an appeal for lack of jurisdiction because the appellant filed an untimely notice of appeal. The time periods for filing a notice of appeal are mandatory and jurisdictional. Parties to civil actions have 30 days to file a notice of appeal in the district court. The appellant failed to file within this 30-day period and did not obtain an extension or reopening of the appeal period. Therefore, the court granted the appellees' motions to dismiss and dismissed the appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 96-1450

    JOHN S. ZIMMERMAN,
    Plaintiff - Appellant,
    versus
    DANIEL BRUBAKER; NANCY BRUBAKER; LYNN
    BRUBAKER; STEVEN BLATT; PORTER GRAVES,

    D.
    Defendants - Appellees.

    Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. B. Waugh Crigler, Magistrate
    Judge. (CA-95-39-H)
    Submitted:

    July 25, 1996

    Decided:

    August 7, 1996

    Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior


    Circuit Judge.
    Dismissed by unpublished per curiam opinion.
    John S. Zimmerman, Appellant Pro Se. William Augustas Julias,
    JULIAS, BLATT & BLATT, P.C., Harrisonburg, Virginia; Peter Robert
    Messitt, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond,
    Virginia, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).

    PER CURIAM:
    Appellant filed an untimely notice of appeal. We grant Appellees' motions to dismiss and dismiss the appeal for lack of
    jurisdiction.
    The time periods for filing notices of appeal are governed by
    Fed. R. App. P. 4. These periods 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)). Parties to civil actions have thirty days within which to
    file in the district court notices of appeal from judgments or
    final orders. Fed. R. App. P. 4(a)(1). The only exceptions to the
    appeal period are when the district court extends the time to
    appeal under Fed. R. App. P. 4(a)(5) or reopens the appeal period
    under Fed. R. App. P. 4(a)(6).
    Appellant's failure to file a timely notice of appeal or to
    obtain either an extension or a reopening of the appeal period
    leaves this court without jurisdiction to consider the merits of
    Appellant's appeal. 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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