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    Jones v. Daly, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ronnie Darnell Jones's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint. The court dismissed the appeal because Jones failed to file a timely notice of appeal within the mandatory 30-day period after the district court entered its order, and he did not obtain an extension of the filing deadline.

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    Jones v. Daly, 4th Cir. (2007)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ronnie Darnell Jones's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint. The court dismissed the appeal because Jones failed to file a timely notice of appeal within the mandatory 30-day period after the district court entered its order, and he did not obtain an extension of the filing deadline.

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    Filed: 2007-03-02 Precedential Status: Non-Precedential Docket: 06-7625

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    The United States Court of Appeals for the Fourth Circuit dismissed Ronnie Darnell Jones's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint. The court dismissed the appeal because Jones failed to file a timely notice of appeal within the mandatory 30-day period after the district court entered its order, and he did not obtain an extension of the filing deadline.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    12 views3 pages

    Jones v. Daly, 4th Cir. (2007)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Ronnie Darnell Jones's appeal of the district court's dismissal of his 42 U.S.C. § 1983 complaint. The court dismissed the appeal because Jones failed to file a timely notice of appeal within the mandatory 30-day period after the district court entered its order, and he did not obtain an extension of the filing deadline.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 06-7625

    RONNIE DARNELL JONES,


    Plaintiff - Appellant,
    versus
    ROBERT
    DALY,
    Director,
    Anderson
    County
    Detention Center; MS. ROUNDTREE, Head Nurse,
    Defendants - Appellees.

    Appeal from the United States District Court for the District of
    South Carolina, at Columbia.
    Terry L. Wooten, District Judge.
    (3:05-cv-01715-TLW)

    Submitted:

    February 22, 2007

    Decided:

    March 2, 2007

    Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Ronnie Darnell Jones, Appellant Pro Se. Steven Michael Pruitt,


    MCDONALD, PATRICK, TINSLEY, BAGGETT & POSTON, Greenwood, South
    Carolina, for Appellees.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ronnie Darnell Jones seeks to appeal the district courts
    order accepting the recommendation of the magistrate judge and
    dismissing his 42 U.S.C. 1983 (2000) complaint.

    We dismiss the

    appeal for lack of jurisdiction because the notice of appeal was


    not timely filed.
    Parties are accorded thirty days after the entry of the
    district courts 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).
    and jurisdictional.

    This appeal period is mandatory

    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
    April 7, 2006.
    2006.*

    The notice of appeal was filed on September 13,

    Because Jones failed to file a timely notice of appeal or

    to obtain an extension or reopening of the appeal period, we grant


    the Appellees motion to dismiss the appeal. We dispense with oral
    argument because the facts and legal contentions are adequately

    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).
    - 2 -

    presented in the materials before the court and argument would not
    aid the decisional process.

    DISMISSED

    - 3 -

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