Carter v. Department of Social Services
Opinion
Adrian Carter seeks to appeal the district court’s order dismissing Carter’s motion “to remove Cheryl Dickensheets from DSS and have DSS pay her misdeeds”. We dismiss the appeal for lack of jurisdic *1000 tion 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. Dir., 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 June 20, 2006. The notice of appeal was filed on July 21, 2006. Because Carter failed to file a timely notice of appeal or to obtain an extension 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
- Adrian CARTER, Plaintiff-Appellant, and Linda S. Raynor, Plaintiff, v. DEPARTMENT OF SOCIAL SERVICES, Defendant-Appellee
- Status
- Unpublished