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  • United States v. Baxter, 4th Cir. (2006)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Arthur Anthony Baxter. The court dismisses the appeal for lack of jurisdiction because Baxter's notice of appeal was not timely filed. The district court had dismissed Baxter's 28 U.S.C. § 2255 motion on August 14, 2001, but Baxter did not file his notice of appeal until July 10, 2006, well beyond the 60 day deadline. As such, the court had no jurisdiction to hear the appeal.

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    Filed: 2006-10-24 Precedential Status: Non-Precedential Docket: 06-7298

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Arthur Anthony Baxter. The court dismisses the appeal for lack of jurisdiction because Baxter's notice of appeal was not timely filed. The district court had dismissed Baxter's 28 U.S.C. § 2255 motion on August 14, 2001, but Baxter did not file his notice of appeal until July 10, 2006, well beyond the 60 day deadline. As such, the court had no jurisdiction to hear the appeal.

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    6 views3 pages

    United States v. Baxter, 4th Cir. (2006)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Arthur Anthony Baxter. The court dismisses the appeal for lack of jurisdiction because Baxter's notice of appeal was not timely filed. The district court had dismissed Baxter's 28 U.S.C. § 2255 motion on August 14, 2001, but Baxter did not file his notice of appeal until July 10, 2006, well beyond the 60 day deadline. As such, the court had no jurisdiction to hear the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7298

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ARTHUR ANTHONY BAXTER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Northern
    District of West Virginia, at Elkins. Robert E. Maxwell, Senior
    District Judge. (2:95-cr-00008-REM; 2:98-cv-00027-REM)

    Submitted: October 17, 2006

    Decided: October 24, 2006

    Before NIEMEYER, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Arthur Anthony Baxter, Appellant Pro Se. Rita R. Valdrini, Acting


    United States Attorney, Wheeling, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Arthur

    Anthony

    Baxter

    seeks

    to

    appeal

    the

    district

    courts order dismissing his 28 U.S.C. 2255 (2000) motion.

    We

    dismiss the appeal for lack of jurisdiction because the notice of


    appeal was not timely filed.
    When the United States or its officer or agency is a
    party, the notice of appeal must be filed no more than sixty days
    after the entry of the district courts final judgment or order,
    Fed. R. App. P. 4(a)(1)(B), 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. 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
    August 14, 2001.

    The notice of appeal was filed on July 10, 2006.*

    Because Baxter 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

    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 -

    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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