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Fourth Circuit Dismisses Appeal

This document is a court ruling dismissing Walter Webster's appeal for lack of jurisdiction. The court explains that Webster filed his notice of appeal more than 60 days after the district court entered its judgment denying his motion, missing the deadline for appeals where the federal government is a party. While Webster had filed a letter requesting the judgment be struck days after it was entered, this also missed the 10-day deadline to toll the appeals period. As a result, the appeals court has no authority to hear the case. The appeal is dismissed without oral argument since the jurisdictional issue is clear based on precedent.

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15 views2 pages

Fourth Circuit Dismisses Appeal

This document is a court ruling dismissing Walter Webster's appeal for lack of jurisdiction. The court explains that Webster filed his notice of appeal more than 60 days after the district court entered its judgment denying his motion, missing the deadline for appeals where the federal government is a party. While Webster had filed a letter requesting the judgment be struck days after it was entered, this also missed the 10-day deadline to toll the appeals period. As a result, the appeals court has no authority to hear the case. The appeal is dismissed without oral argument since the jurisdictional issue is clear based on precedent.

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© Public Domain
We take content rights seriously. If you suspect this is your content, claim it here.
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819 F.

2d 1139
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Walter WEBSTER, Defendant-Appellant.
No. 86-7284.

United States Court of Appeals, Fourth Circuit.


Submitted April 21, 1987.
Decided May 21, 1987.

Before RUSSELL and CHAPMAN, Circuit Judges, and BUTZNER,


Senior Circuit Judge.
Kenneth L. Thompson, Russell & Thompson, PA, on brief), for appellant.
Breckinridge L. Willcox, United States Attorney, J. Sedwick Sollers III,
Assistant United States Attorney, on brief, for appellee.
PER CURIAM:

Walter Webster appeals from the order of the district court denying his motion
brought pursuant to 28 U.S.C. Sec. 2255. The order, dated April 30, 1986, was
entered on June 5, 1986. By marginal order entered on July 18, 1986, the
district court denied a letter from Webster's counsel dated July 14 requesting it
to "strike" the April 30 order. On August 14, 1986, Webster filed his notice of
appeal.

In cases in which the federal government is a party, parties have 60 days to file
appeals. Fed.R.App.P. 4(a)(1). A timely notice of appeal is jurisdictional.
Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 61 (1982). Webster

filed this appeal more than 60 days after the June 5 entry of judgment. His July
14 letter, which was filed more than ten days after entry of judgment, was
untimely under Fed.R.Civ.P. 59, and consequently did not toll the period for
appeal. See Browder v. Director, Department of Corrections, 434 U.S. 257, 265
(1978). This Court therefore has no jurisdiction to hear Webster's appeal. See
Hensley v. Chesapeake & Ohio Ry. Co., 651 F.2d 226, 228 (4th Cir.1981).
3

We dismiss the appeal for lack of jurisdiction. We dispense with oral argument
because the dispositive issues recently have been decided authoritatively.

DISMISSED.

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