Stewart v. Seifert
Opinion
Earl Sylvester Stewart seeks to appeal the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2000). We dismiss the appeal for lack of jurisdiction because Stewart’s notice of appeal was not timely filed.
Parties are accorded thirty days after entry of the district court’s final judgment or order to note an appeal, see Fed.R.App.P. 4(a)(1), 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). This appeal period is “mandatory and jurisdictional.” Bro wder v. Director, Dep’t of Corrections, 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).
The district court’s order was entered on the docket on September 20, 2000. Stewart’s notice of appeal was filed on November 1, 2000. Because he failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny a certificate of appealability and 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.
Reference
- Full Case Name
- Earl Sylvester STEWART, Petitioner-Appellant, v. Evelyn SEIFERT, Respondent-Appellee
- Status
- Unpublished