Filed: Nov. 19, 1996
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7163 ARNOLD CULBREATH, Petitioner - Appellant, versus TRAVIS MEDLOCK; STATE OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-95-55-2-18AJ) Submitted: November 5, 1996 Decided: November 19, 1996 Before HALL and NIEMEYER, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished pe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-7163 ARNOLD CULBREATH, Petitioner - Appellant, versus TRAVIS MEDLOCK; STATE OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. David C. Norton, District Judge. (CA-95-55-2-18AJ) Submitted: November 5, 1996 Decided: November 19, 1996 Before HALL and NIEMEYER, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7163
ARNOLD CULBREATH,
Petitioner - Appellant,
versus
TRAVIS MEDLOCK; STATE OF SOUTH CAROLINA,
Respondents - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(CA-95-55-2-18AJ)
Submitted: November 5, 1996 Decided: November 19, 1996
Before HALL and NIEMEYER, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Arnold Culbreath, Appellant Pro Se. Donald John Zelenka, Chief
Deputy Attorney General, Columbia, South Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Arnold Culbreath, a South Carolina inmate, filed an untimely
notice of appeal of the dismissal of his petition for relief under
28 U.S.C. ยง 2254. We dismiss for lack of jurisdiction. The time
periods for filing notices of appeal are governed by Fed. R. App.
P. 4. These periods 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)).
Parties to civil actions have thirty days within which to file in
the district court notices of appeal from judgments or final
orders. Fed. R. App. P. 4(a)(1). The only exceptions to the ap-
peal period are when the district court extends the time to appeal
under Fed. R. App. P. 4(a)(5) or reopens the appeal period under
Fed. R. App. P. 4(a)(6).
The district court entered its order on September 12, 1995;
Appellant's notice of appeal was filed on July 18, 1996. Appel-
lant's failure to note a timely appeal or obtain either an exten-
sion or a reopening of the appeal period leaves this court without
jurisdiction to consider the merits of Appellant's appeal. We
therefore deny a certificate of appealability 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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