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White v. Hollingsworth, 4th Cir. (2007)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Andre White of the district court's order dismissing his complaint filed under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics. The appeals court finds that it lacks jurisdiction over the appeal because White's notice of appeal was filed over 60 days after the district court entered its order, making it untimely under the Federal Rules of Appellate Procedure. As such, the court dismisses the appeal.

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41 views3 pages

White v. Hollingsworth, 4th Cir. (2007)

This document is an unpublished opinion from the United States Court of Appeals for the Fourth Circuit dismissing an appeal from Andre White of the district court's order dismissing his complaint filed under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics. The appeals court finds that it lacks jurisdiction over the appeal because White's notice of appeal was filed over 60 days after the district court entered its order, making it untimely under the Federal Rules of Appellate Procedure. As such, the court dismisses the appeal.

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UNPUBLISHED

UNITED STATES COURT OF APPEALS


FOR THE FOURTH CIRCUIT

No. 07-7127

ANDRE WHITE,
Plaintiff - Appellant,
versus
LISA HOLLINGSWORTH, Warden; R. SHOOK; M.
MOUBEARK; D. WILLIAMS; D. MULL; K.M. WHITE;
HARRELL WATTS,
Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Andre M. Davis, District Judge.
(1:06-cv-02104-AMD)

Submitted:

September 11, 2007

Decided:

September 17, 2007

Before WILKINSON, MOTZ, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Andre White, Appellant Pro Se.


Jennifer A. Wright, Assistant
United States Attorney, Baltimore, Maryland, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:
Andre White seeks to appeal the district courts order
dismissing his complaint filed pursuant to Bivens v. Six Unknown
Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971).

We

dismiss the appeal for lack of jurisdiction because the notice of


appeal was not timely filed.
When the United States or its officer or agency is a
party, the notice of appeal must be filed no more than sixty days
after the entry of the district courts final judgment or order,
Fed. R. App. P. 4(a)(1)(B), 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).
mandatory and jurisdictional.

This appeal period is

Browder v. Dir., Dept of Corr.,

434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361
U.S. 220, 229 (1960)).
The district courts order was entered on the docket on
March 26,2007.

The notice of appeal was filed on July 21, 2007.*

Because White 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

For the purpose of this appeal, we assume that the date


appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
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contentions are adequately presented in the materials before the


court and argument would not aid the decisional process.

DISMISSED

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