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  • Franklin Lee Minor, Sr. v. U.S. Attorney General, 106 F.3d 391, 4th Cir. (1997)

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    The document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The court found that the appellant Franklin Lee Minor, Sr. filed a notice of appeal over 60 days after the district court entered its order, missing the deadline for civil appeals under Federal Rule of Appellate Procedure 4(a)(1). As the appellant did not obtain an extension or reopening of the appeal period, the court had no jurisdiction to consider the appeal and dismissed the case.

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    Filed: 1997-01-29 Precedential Status: Non-Precedential Citations: 106 F.3d 391 Docket: 96-2294

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    The document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The court found that the appellant Franklin Lee Minor, Sr. filed a notice of appeal over 60 days after the district court entered its order, missing the deadline for civil appeals under Federal Rule of Appellate Procedure 4(a)(1). As the appellant did not obtain an extension or reopening of the appeal period, the court had no jurisdiction to consider the appeal and dismissed the case.

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    8 views2 pages

    Franklin Lee Minor, Sr. v. U.S. Attorney General, 106 F.3d 391, 4th Cir. (1997)

    Uploaded by

    Scribd Government Docs
    The document is a court opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal for lack of jurisdiction. The court found that the appellant Franklin Lee Minor, Sr. filed a notice of appeal over 60 days after the district court entered its order, missing the deadline for civil appeals under Federal Rule of Appellate Procedure 4(a)(1). As the appellant did not obtain an extension or reopening of the appeal period, the court had no jurisdiction to consider the appeal and dismissed the case.

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    of 2

    106 F.

    3d 391

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Franklin Lee MINOR, Sr., Plaintiff--Appellant,
    v.
    U.S. ATTORNEY GENERAL, Defendant--Appellee.
    No. 96-2294.

    United States Court of Appeals, Fourth Circuit.


    Submitted Jan. 23, 1997.
    Decided Jan. 29, 1997.

    Appeal from the United States District Court for the District of Maryland,
    at Baltimore. Frank A. Kaufman, Senior District Judge. (CA-96-1374-K)
    Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.
    Franklin Lee Minor, Sr., Appellant Pro Se.
    George Levi Russell, III, OFFICE OF THE UNITED STATES
    ATTORNEY, Baltimore, Maryland, for Appellee.
    OPINION
    PER CURIAM:

    Franklin Lee Minor, Sr., 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, Dep't of Corrections, 434 U.S. 257, 264 (1978) (quoting United States
    v. Robinson, 361 U.S. 220, 229 (1960)). Parties to civil actions have sixty days
    within which to file in the district court notices of appeal from judgments or
    final orders. Fed. R.App. P. 4(a)(1). The only exceptions to the appeal period

    are when the district court extends the time to appeal under Fed. R.App. P. 4(a)
    (5) or reopens the appeal period under Fed. R.App. P. 4(a)(6).
    2

    The district court entered its order on May 13, 1996; Appellant's notice of
    appeal was filed on September 16, 1996. Appellant's failure to note a timely
    appeal or obtain either an extension or a reopening of the appeal period leaves
    this court without jurisdiction to consider the merits of Appellant's appeal. We
    therefore 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

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