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  • Webb v. Doe, 4th Cir. (1998)

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    Jimmy L. Webb filed a late notice of appeal of a district court's order dismissing his case. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction because Webb did not file within the mandatory 30-day period for civil appeals under Federal Rule of Appellate Procedure 4(b). While the district court extended the deadline until May 15, 1998, the Court of Appeals found this impermissibly extended the period beyond what is allowed under the Rules. As the notice of appeal was untimely, the Court dismissed the appeal.

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    Filed: 1998-08-10 Precedential Status: Non-Precedential Docket: 98-6723

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    Jimmy L. Webb filed a late notice of appeal of a district court's order dismissing his case. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction because Webb did not file within the mandatory 30-day period for civil appeals under Federal Rule of Appellate Procedure 4(b). While the district court extended the deadline until May 15, 1998, the Court of Appeals found this impermissibly extended the period beyond what is allowed under the Rules. As the notice of appeal was untimely, the Court dismissed the appeal.

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    5 views3 pages

    Webb v. Doe, 4th Cir. (1998)

    Uploaded by

    Scribd Government Docs
    Jimmy L. Webb filed a late notice of appeal of a district court's order dismissing his case. The United States Court of Appeals for the Fourth Circuit dismissed the appeal for lack of jurisdiction because Webb did not file within the mandatory 30-day period for civil appeals under Federal Rule of Appellate Procedure 4(b). While the district court extended the deadline until May 15, 1998, the Court of Appeals found this impermissibly extended the period beyond what is allowed under the Rules. As the notice of appeal was untimely, the Court dismissed the appeal.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 98-6723

    JIMMY L. WEBB,
    Plaintiff - Appellant,
    versus
    JOHN DOE, Orthopedic doctor; GREENVILLE MEDICAL DEPARTMENT,
    Defendants - Appellees.

    Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-97-420)

    Submitted:

    July 22, 1998

    Decided:

    August 10, 1998

    Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.

    Dismissed by unpublished per curiam opinion.


    Jimmy L. Webb, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jimmy L. Webb filed an untimely notice of appeal. We dismiss
    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, Dept 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 orders. Fed. R. App. P. 4(b). The only exception
    to the appeal period is when the district court extends the time to
    appeal under Fed. R. App. P. 4(a)(5) upon a showing of excusable
    neglect or reopens the appeal period under Fed. R. App. P. 4(a)(6).
    The district court entered its order on August 11, 1997. On
    February 19, 1998, Webb moved to file a late notice of appeal. On
    April 9, 1998, the district court, finding that Webb demonstrated
    good cause, extended the appeal period until May 15, 1998. Webb
    complied with the district courts order and filed a notice of appeal on that date. We find, however, that the district court impermissibly extended the appeal period beyond that prescribed in Fed.
    R. Civ. P. 4(a)(5). See Fed. R. App. P. 4(a)(5); see generally Ali
    v. Lyles, 769 F.2d 204, 205 (4th Cir. 1985). Accordingly, we
    dismiss the appeal as untimely. 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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