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    Johns v. Barnett, 4th Cir. (2004)

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    1) Joshua Bernard Johns filed a 42 U.S.C. § 1983 action which was dismissed by the district court without prejudice for failure to exhaust state administrative remedies. 2) Johns sought to appeal the district court's decision but filed his notice of appeal more than 30 days after the district court entered its order, making his appeal untimely. 3) As the notice of appeal was not filed within the mandatory 30 day period and Johns did not obtain an extension, the Fourth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction.

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    Johns v. Barnett, 4th Cir. (2004)

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    1) Joshua Bernard Johns filed a 42 U.S.C. § 1983 action which was dismissed by the district court without prejudice for failure to exhaust state administrative remedies. 2) Johns sought to appeal the district court's decision but filed his notice of appeal more than 30 days after the district court entered its order, making his appeal untimely. 3) As the notice of appeal was not filed within the mandatory 30 day period and Johns did not obtain an extension, the Fourth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction.

    Original Description:

    Filed: 2004-09-07 Precedential Status: Non-Precedential Docket: 04-7079

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    1) Joshua Bernard Johns filed a 42 U.S.C. § 1983 action which was dismissed by the district court without prejudice for failure to exhaust state administrative remedies. 2) Johns sought to appeal the district court's decision but filed his notice of appeal more than 30 days after the district court entered its order, making his appeal untimely. 3) As the notice of appeal was not filed within the mandatory 30 day period and Johns did not obtain an extension, the Fourth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction.

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    6 views2 pages

    Johns v. Barnett, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    1) Joshua Bernard Johns filed a 42 U.S.C. § 1983 action which was dismissed by the district court without prejudice for failure to exhaust state administrative remedies. 2) Johns sought to appeal the district court's decision but filed his notice of appeal more than 30 days after the district court entered its order, making his appeal untimely. 3) As the notice of appeal was not filed within the mandatory 30 day period and Johns did not obtain an extension, the Fourth Circuit Court of Appeals dismissed the appeal for lack of jurisdiction.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-7079

    JOSHUA BERNARD JOHNS,


    Plaintiff - Appellant,
    versus
    SERGEANT A. BARNETT, Security Officer; A.
    DAVID ROBINSON, Warden; WILLIAM P. ROGERS,
    Regional Director; ELIZA S. WILLIS, Treatment
    Program Supervisor; MAJOR DOUG VAUGHAN, Chief
    of Security; EDWARD L. DAVIS, Institutional
    Investigator,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Leonie M. Brinkema, District
    Judge. (CA-04-228)

    Submitted:

    August 18, 2004

    Decided:

    September 7, 2004

    Before WILKINSON, MICHAEL, and TRAXLER, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Joshua Bernard Johns, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Joshua Bernard Johns seeks to appeal the district courts
    order

    dismissing

    his

    42

    U.S.C.

    1983

    (2000)

    action

    without

    prejudice for failure to exhaust state administrative remedies. 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).

    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 was entered on the docket on
    May 19, 2004.

    Johns notice of appeal was dated June 21, 2004, and

    filed on June 22, 2004.


    appeal was untimely.

    Under any calculation, then, the notice of

    Because Johns 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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