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    Douglas Fauconier v. Director of The Dep't of Public Safety, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Douglas Fauconier. The district court had dismissed Fauconier's 28 U.S.C. § 2254 petition. The appeals court dismisses the appeal for lack of jurisdiction because Fauconier failed to file a timely notice of appeal within 30 days of the district court's order, as required. As the notice of appeal was filed over a year after the district court's order, the appeals court has no jurisdiction to hear the appeal.

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    Douglas Fauconier v. Director of The Dep't of Public Safety, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Douglas Fauconier. The district court had dismissed Fauconier's 28 U.S.C. § 2254 petition. The appeals court dismisses the appeal for lack of jurisdiction because Fauconier failed to file a timely notice of appeal within 30 days of the district court's order, as required. As the notice of appeal was filed over a year after the district court's order, the appeals court has no jurisdiction to hear the appeal.

    Original Description:

    Filed: 2013-02-14 Precedential Status: Non-Precedential Docket: 13-6022

    Original Title

    Douglas Fauconier v. Director of the Dep't of Public Safety, 4th Cir. (2013)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Douglas Fauconier. The district court had dismissed Fauconier's 28 U.S.C. § 2254 petition. The appeals court dismisses the appeal for lack of jurisdiction because Fauconier failed to file a timely notice of appeal within 30 days of the district court's order, as required. As the notice of appeal was filed over a year after the district court's order, the appeals court has no jurisdiction to hear the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    Download as pdf
    7 views3 pages

    Douglas Fauconier v. Director of The Dep't of Public Safety, 4th Cir. (2013)

    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 Douglas Fauconier. The district court had dismissed Fauconier's 28 U.S.C. § 2254 petition. The appeals court dismisses the appeal for lack of jurisdiction because Fauconier failed to file a timely notice of appeal within 30 days of the district court's order, as required. As the notice of appeal was filed over a year after the district court's order, the appeals court has no jurisdiction to hear the appeal.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-6022

    DOUGLAS FAUCONIER,
    Petitioner - Appellant,
    v.
    DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL
    SERVICES; DOUGLAS F. GANSLER, The Attorney General of the
    State of Maryland,
    Respondents - Appellees.

    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt. Roger W. Titus, District Judge. (8:11cv-01966-RWT)

    Submitted:

    February 7, 2013

    Decided:

    February 14, 2013

    Before MOTZ, KING, and DUNCAN, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Douglas Fauconier, Appellant Pro Se. Edward John Kelley, OFFICE


    OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for
    Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Douglas Fauconier seeks to appeal the district courts
    order

    dismissing

    his

    28

    U.S.C.

    2254

    (2006)

    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).

    [T]he timely

    filing of a notice of appeal in a civil case is a jurisdictional


    requirement.

    Bowles v. Russell, 551 U.S. 205, 214 (2007).

    The district courts order was entered on the docket


    on

    December

    1,

    2011.

    December 27, 2012. *

    The

    notice

    of

    appeal

    was

    filed

    on

    Because Fauconier 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

    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).

    presented in the materials before this court and argument would


    not aid the decisional process.
    DISMISSED

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