Farmer v. Berryman
Opinion
Jeffrey Thomas Farmer seeks to appeal the district court’s order transferring the case to another district court. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.
In a civil case, the notice of appeal must be filed no more than thirty days after the entry of the district court’s order, 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 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 was entered on the docket on July 30, 2004. The notice of appeal was filed on August 31, 2004, or one day beyond the thirty day appeal period. Because Farmer failed to file a timely notice of appeal or to obtain an extension *312 or reopening of the appeal period, we 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
- Jeffrey Thomas FARMER, Plaintiff-Appellant, v. Steven BERRYMAN, Defendant-Appellee
- Status
- Unpublished