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  • Oliver v. Captain Myers, 4th Cir. (2009)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jerry L. Oliver of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The appeals court found that it lacked jurisdiction over the appeal because Oliver's notice of appeal was not filed within the required 30 days of the district court's order. Though the district court order was entered on December 12, 2008, Oliver's notice of appeal was not filed until January 16, 2009, which was outside the allowed time period. As such, the appeals court dismissed the appeal.

    Original Description:

    Filed: 2009-06-08 Precedential Status: Non-Precedential Docket: 09-6115

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jerry L. Oliver of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The appeals court found that it lacked jurisdiction over the appeal because Oliver's notice of appeal was not filed within the required 30 days of the district court's order. Though the district court order was entered on December 12, 2008, Oliver's notice of appeal was not filed until January 16, 2009, which was outside the allowed time period. As such, the appeals court dismissed the appeal.

    Copyright:

    Public Domain
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    5 views3 pages

    Oliver v. Captain Myers, 4th Cir. (2009)

    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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Jerry L. Oliver of the district court's dismissal of his 42 U.S.C. § 1983 complaint for failure to state a claim. The appeals court found that it lacked jurisdiction over the appeal because Oliver's notice of appeal was not filed within the required 30 days of the district court's order. Though the district court order was entered on December 12, 2008, Oliver's notice of appeal was not filed until January 16, 2009, which was outside the allowed time period. As such, the appeals court dismissed the appeal.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 09-6115

    JERRY L. OLIVER,
    Plaintiff - Appellant,
    v.
    CAPTAIN MYERS; DR. C. SCHNEIDER; SERGEANT GIBBS; MS.
    COLEMAN; CORRECTIONAL OFFICER REEVES; INV. SERGEANT STOOTS;
    CORRECTIONAL OFFICER FOUNTAIN; MR. GILES; SERGEANT LYNCHARD;
    WARDEN DILLMAN; OPERATIONS OFFICER M. GREY,
    Defendants - Appellees.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke.
    James C. Turk, Senior
    District Judge. (7:08-cv-00558-jct-mfu)

    Submitted:

    May 28, 2009

    Decided:

    June 8, 2009

    Before WILKINSON, KING, and GREGORY, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jerry L. Oliver, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Jerry L. Oliver seeks to appeal the district courts
    order

    dismissing

    his

    42

    U.S.C.

    1983

    (2006)

    complaint

    for

    failure to state a claim upon which relief may be granted.

    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,

    Fed.

    R.

    App.

    P.

    4(a)(5),

    appeal period, Fed. R. App. P. 4(a)(6).


    a

    notice

    of

    requirement.

    appeal

    in

    civil

    or

    reopens

    the

    [T]he timely filing of

    case

    is

    jurisdictional

    Bowles v. Russell, 551 U.S. 205, __, 127 S. Ct.

    2360, 2366 (2007).


    The district courts order was entered on the docket
    on

    December

    January

    12,

    2008.

    16, 2009. *

    The

    notice

    of

    appeal

    was

    filed

    on

    Because Oliver 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


    Oliver alleges to have placed his notice of appeal in the prison
    mail system 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 the court and argument would


    not aid the decisional process.
    DISMISSED

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