Filed: Jul. 31, 2002
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6342 ADRIAN DOBBS, Plaintiff - Appellant, versus RICK OLSEN, Director of Medical; CHARLES DAVIS, PID #4, Captain/Division Commander of Core; J. COLE, PID #36, Sergeant/Property; W. STAZEVSKI, Nurse, LPN/Medical Assistant; K. MOORE, PID #23, Lieutenant/Housing Unit Manager, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Ju
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-6342 ADRIAN DOBBS, Plaintiff - Appellant, versus RICK OLSEN, Director of Medical; CHARLES DAVIS, PID #4, Captain/Division Commander of Core; J. COLE, PID #36, Sergeant/Property; W. STAZEVSKI, Nurse, LPN/Medical Assistant; K. MOORE, PID #23, Lieutenant/Housing Unit Manager, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Jud..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6342
ADRIAN DOBBS,
Plaintiff - Appellant,
versus
RICK OLSEN, Director of Medical; CHARLES
DAVIS, PID #4, Captain/Division Commander of
Core; J. COLE, PID #36, Sergeant/Property; W.
STAZEVSKI, Nurse, LPN/Medical Assistant; K.
MOORE, PID #23, Lieutenant/Housing Unit
Manager,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Leonie M. Brinkema, District
Judge. (CA-01-1707)
Submitted: July 25, 2002 Decided: July 31, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Adrian Dobbs, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Adrian Dobbs seeks to appeal the district court’s order
denying his 42 U.S.C.A. § 1983 (West Supp. 2002) action. We dismiss
the appeal for lack of jurisdiction because Dobbs’ notice of appeal
was not timely filed.
Parties are accorded thirty days after the entry of the
district court’s final judgment or order to note an appeal, see
Fed. R. App. P. 4(a)(1), 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.” Browder v. Director, Dep’t of
Corrections,
434 U.S. 257, 264 (1978) (quoting United States v.
Robinson,
361 U.S. 220, 229 (1960)).
The district court’s order was entered on the docket on
November 30, 2001. Dobbs’s gave his notice of appeal to prison
officials no earlier than February 15, 2002. See Houston v. Lack,
487 U.S. 266 (1988). Because Dobbs 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 contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
DISMISSED
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