U.S. Court of Appeals for the Fourth Circuit, 2004

Smith v. Mitchell

Smith v. Mitchell
U.S. Court of Appeals for the Fourth Circuit · Decided December 22, 2004 · Michael, King, Shedd
117 F. App'x 271

Smith v. Mitchell

Opinion

PER CURIAM.

Dismissed by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

*272 Leonard A. Smith filed notices of appeals in these five consolidated appeals (appeal nos. 04-7321(L); 04-7322; 04-7323; 04-7324; and 04-7325) in which the district court assessed against him court filing fees under the Prisoner Litigation Reform Act (“PLRA”) and then ultimately dismissed the cases. 'We dismiss these appeals for lack of jurisdiction because the notices of appeal were not timely filed either as to the district court’s application of the PLRA to Smith, or to its dismissal of the underlying actions.

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)(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 orders dismissing the underlying actions were éntered on the docket on November 21, 2000, April 3, 2000, April 15, 2002, April 13, 2000, and May 17, 2001. The notices of appeal collectively were filed on August 3, 2004. Because Smith failed to file timely notices of appeal or to obtain an extension or reopening of the appeal periods, we dismiss these appeals. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials presented before the court and argument would not aid the decisional process.

DISMISSED

Case-law data current through December 31, 2025. Source: CourtListener bulk data.