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    Miller v. Painter, 4th Cir. (2004)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George Miller for lack of jurisdiction. The order summarizes that Miller sought to appeal a state trial court order denying him post-conviction relief, but the appellate court does not have jurisdiction over state court rulings. Additionally, while Miller may have intended to appeal a district court order denying his habeas corpus petition, his notice of appeal was filed well beyond the 30-day deadline, so the appellate court also lacks jurisdiction over that potential appeal. As a result, the court dismisses the entire appeal.

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    Miller v. Painter, 4th Cir. (2004)

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George Miller for lack of jurisdiction. The order summarizes that Miller sought to appeal a state trial court order denying him post-conviction relief, but the appellate court does not have jurisdiction over state court rulings. Additionally, while Miller may have intended to appeal a district court order denying his habeas corpus petition, his notice of appeal was filed well beyond the 30-day deadline, so the appellate court also lacks jurisdiction over that potential appeal. As a result, the court dismisses the entire appeal.

    Original Description:

    Filed: 2004-12-22 Precedential Status: Non-Precedential Docket: 04-7341

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    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George Miller for lack of jurisdiction. The order summarizes that Miller sought to appeal a state trial court order denying him post-conviction relief, but the appellate court does not have jurisdiction over state court rulings. Additionally, while Miller may have intended to appeal a district court order denying his habeas corpus petition, his notice of appeal was filed well beyond the 30-day deadline, so the appellate court also lacks jurisdiction over that potential appeal. As a result, the court dismisses the entire appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    8 views2 pages

    Miller v. Painter, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is a court order from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from George Miller for lack of jurisdiction. The order summarizes that Miller sought to appeal a state trial court order denying him post-conviction relief, but the appellate court does not have jurisdiction over state court rulings. Additionally, while Miller may have intended to appeal a district court order denying his habeas corpus petition, his notice of appeal was filed well beyond the 30-day deadline, so the appellate court also lacks jurisdiction over that potential appeal. As a result, the court dismisses the entire appeal.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7341

    GEORGE MILLER,
    Petitioner - Appellant,
    versus

    HOWARD PAINTER, Warden,


    Respondent - Appellee.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Elkins.
    Robert E. Maxwell, Senior
    District Judge. (CA-99-135)

    Submitted:

    December 16, 2004

    Decided:

    December 22, 2004

    Before MICHAEL, KING, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    George Miller, Appellant Pro Se. Dawn Ellen Warfield, OFFICE OF THE
    ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    Local Rule 36(c).

    See

    PER CURIAM:
    Based on his informal brief, it appears that George Miller,
    a state inmate, seeks to appeal the state trial courts October 26,
    1998, order denying post-conviction relief.
    jurisdiction.

    We dismiss for lack of

    See 28 U.S.C. 1291-96 (2000).

    To the extent that

    Miller seeks to appeal the district courts order denying his 28


    U.S.C. 2254 (2000) petition, 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).
    jurisdictional.

    This appeal period is mandatory and

    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
    April 17, 2003.
    August 18, 2004.

    The notice of appeal was filed, at the earliest, on


    Because Miller failed to file a timely notice of

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


    we 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

    - 2 -

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