Manning v. Hibbert

U.S. Court of Appeals for the Fourth Circuit
Manning v. Hibbert, 78 F. App'x 251 (4th Cir. 2003)

Manning v. Hibbert

Opinion

PER CURIAM.

Nathaniel Manning seeks to appeal the district court’s order substantially adopting the report and recommendation of a magistrate judge and granting summary judgment to Defendants in his 42 U.S.C. § 1983 (2000) action. 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 court’s 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). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Carr., 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 judgment was entered on the docket on March 10, 2003. The notice of appeal was filed on June 11, *252 2008. * Because Manning failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We also note that Manning’s failure to file objections to the magistrate judge’s report and recommendation waived appellate review. See United States v. Schronce, 727 F.2d 91, 94 (4th Cir. 1984). 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.

*

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. See Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).

Reference

Full Case Name
Nathaniel MANNING, Plaintiff-Appellant, v. Sergeant HIBBERT; Mr. Basnight, Unit Manager; Officer Moor; Officer Needhen; Officer Owean; Officer Martin, Defendants-Appellees
Status
Unpublished