Filed: Apr. 30, 2009
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8328 U.S. BOUNTY #10 JEROME JULIUS BROWN, SR., Petitioner – Appellant, v. THOMITHY J. MCLONE, State’s Attorney, Respondent – Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, Chief District Judge. (1:07-cv-00182-BEL) Submitted: April 9, 2009 Decided: April 30, 2009 Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam op
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 08-8328 U.S. BOUNTY #10 JEROME JULIUS BROWN, SR., Petitioner – Appellant, v. THOMITHY J. MCLONE, State’s Attorney, Respondent – Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, Chief District Judge. (1:07-cv-00182-BEL) Submitted: April 9, 2009 Decided: April 30, 2009 Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opi..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8328
U.S. BOUNTY #10 JEROME JULIUS BROWN, SR.,
Petitioner – Appellant,
v.
THOMITHY J. MCLONE, State’s Attorney,
Respondent – Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, Chief District
Judge. (1:07-cv-00182-BEL)
Submitted: April 9, 2009 Decided: April 30, 2009
Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jerome Julius Brown, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Jerome Julius Brown, Sr., seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2241 (2006) petition.
We dismiss the appeal for lack of jurisdiction because the
notice of appeal was not timely filed.
Parties in a civil case are required to file the
notice of appeal within thirty days after the judgment or order
appealed from is entered, 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.
Bowles v. Russell,
551 U.S. 205 (2007).
The district court’s order was entered on the civil
docket on February 1, 2007, and was entered for purposes of Fed.
R. App. P. 4(a) on July 2, 2007. See Fed. R. App. P. 4(a)(7).
The notice of appeal was filed on September 17, 2008. Because
Brown failed to file a timely notice of appeal or to obtain an
extension or reopening of the appeal period, we deny leave to
proceed in forma pauperis 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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