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  • Doss v. Warden, Nottoway, 4th Cir. (2004)

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Jerome Antonio Doss's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The appeals court finds that Doss failed to file a timely notice of appeal within the mandatory 30-day period after the district court's final judgment, and that he did not obtain an extension or reopening of the appeals period. As a result, the appeals court dismisses the appeal for lack of jurisdiction.

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    Filed: 2004-10-19 Precedential Status: Non-Precedential Docket: 04-6080

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    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Jerome Antonio Doss's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The appeals court finds that Doss failed to file a timely notice of appeal within the mandatory 30-day period after the district court's final judgment, and that he did not obtain an extension or reopening of the appeals period. As a result, the appeals court dismisses the appeal for lack of jurisdiction.

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    Public Domain
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    2 views3 pages

    Doss v. Warden, Nottoway, 4th Cir. (2004)

    Uploaded by

    Scribd Government Docs
    This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing Jerome Antonio Doss's appeal of the district court's denial of his 28 U.S.C. § 2254 habeas corpus petition. The appeals court finds that Doss failed to file a timely notice of appeal within the mandatory 30-day period after the district court's final judgment, and that he did not obtain an extension or reopening of the appeals period. As a result, the appeals court dismisses the appeal for lack of jurisdiction.

    Copyright:

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 04-6080

    JEROME ANTONIO DOSS,


    Petitioner - Appellant,
    versus
    WARDEN, NOTTOWAY CORRECTIONAL CENTER,
    Respondent - Appellee.

    Appeal from the United States District Court for the Western
    District of Virginia, at Roanoke. James C. Turk, Senior District
    Judge. (CA-03-363)

    Submitted:

    October 14, 2004

    Decided:

    October 19, 2004

    Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Jerome Antonio Doss, Appellant Pro Se. Paul Christopher Galanides,


    OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Jerome Antonio Doss seeks to appeal the district courts
    order dismissing his 28 U.S.C. 2254 (2000) 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).1

    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
    October 31, 2003.
    2003.2

    The notice of appeal was filed on December 22,

    Because Doss failed to file a timely notice of appeal or to

    obtain an extension or reopening of the appeal period, we deny


    leave to proceed in forma pauperis and dismiss the appeal.

    We

    dispense with oral argument because the facts and legal contentions

    Even if Dosss notice of appeal is construed as a motion to


    reopen, Doss failed to file his notice of appeal within seven days
    of the date he received the judgment. See Fed. R. App. P. 4(a)(6).
    2

    For the purposes 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.
    See Fed. R. App. P.4(c); Houston v. Lack, 487 U.S. 266
    (1988).
    - 2 -

    are adequately presented in the materials before the court and


    argument would not aid the decisional process.

    DISMISSED

    - 3 -

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