Dotson v. Ferguson

U.S. Court of Appeals for the Fourth Circuit
Dotson v. Ferguson, 85 F. App'x 889 (4th Cir. 2004)

Dotson v. Ferguson

Opinion

PER CURIAM.

Leroy S. Dotson, Jr., seeks to appeal the district court’s order dismissing his action brought pursuant to 42 U.S.C. § 1983 (2000). We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties in a civil action where the United States is not a party, 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). However, a court may extend the appeals period for fourteen days upon a party’s timely motion to reopen the appeal period. Fed. R.App. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Corr., 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 reopening the time for Dotson to file a notice of appeal was entered on the docket on July 7, 2003, affording Dotson until July 21, 2003, to file a notice of appeal. Fed. R.App. P. 4(a)(6). However, Dotson’s notice of appeal was dated August 20, 2003, and filed on August 21, 2003. Because Dotson failed to file a timely notice of appeal within the extended fourteen-day appeal period, we dismiss the appeal for lack of jurisdiction. 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
Leroy S. DOTSON, Jr., Plaintiff-Appellant, v. Tomlin FERGUSON, Former Plant Manager; Ricky Johnson, Plant Manager; Mark Allen, Superintendent; Rob Olson, Matt Build Supervisor, Defendants-Appellees
Status
Unpublished