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Walter L. Green v. Lonnie Saunders, 966 F.2d 1442, 4th Cir. (1992)

Walter L. Green appealed a district court decision outside the 30-day period for filing an appeal and did not request an extension. The Fourth Circuit found that it did not have jurisdiction to hear the case because the time periods for filing an appeal under the Federal Rules of Appellate Procedure are mandatory and jurisdictional. As a result, the Fourth Circuit dismissed the appeal.

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25 views2 pages

Walter L. Green v. Lonnie Saunders, 966 F.2d 1442, 4th Cir. (1992)

Walter L. Green appealed a district court decision outside the 30-day period for filing an appeal and did not request an extension. The Fourth Circuit found that it did not have jurisdiction to hear the case because the time periods for filing an appeal under the Federal Rules of Appellate Procedure are mandatory and jurisdictional. As a result, the Fourth Circuit dismissed the appeal.

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966 F.

2d 1442

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unpublished dispositions is disfavored except for establishing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service of copies of cited unpublished dispositions of the Fourth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.
Walter L. GREEN, Petitioner-Appellant,
v.
Lonnie SAUNDERS, Respondent-Appellee.
No. 92-6385.

United States Court of Appeals,


Fourth Circuit.
Submitted: June 1, 1992
Decided: June 15, 1992

Appeal from the United States District Court for the Eastern District of
Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-91-416-R)
Walter L. Green, Appellant Pro Se.
Robert B. Condon, Assistant Attorney General, Richmond, Virginia, for
Appellee.
E.D.Va.
DISMISSED.
Before PHILLIPS, WILKINSON, and LUTTIG, Circuit Judges.
OPINION
PER CURIAM:

Walter L. Green noted this appeal outside the thirty-day appeal period
established by Fed. R. App. P. 4(a)(1), and failed to move for an extension of
the appeal period within the additional thirty-day period provided by Fed. R.

App. P. 4(a)(5). The time periods established by Fed. R. App. P. 4 are


"mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434
U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229
(1960)). Appellant's failure to note a timely appeal or obtain an extension of the
appeal period deprives this Court of jurisdiction to consider this case. We
therefore deny Green's motion for appointment of counsel; we deny a certificate
of probable cause to appeal and 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

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