[DOWNLOAD] "Cooper v. United States" by Fourth Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Cooper v. United States
• Author : Fourth Circuit U.S. Court Of Appeals
• Release Date : January 12, 1998
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 51 KB

Description

Appellant filed an untimely notice of appeal. 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, Dept of Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). Parties to civil actions have sixty 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 appeal 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 July 9, 1997; Appellants notice of appeal was filed on September 11, 1997, which is beyond the sixty-day appeal period. Appellants failure to note a timely appeal or obtain an extension of the appeal period leaves this court without jurisdiction to consider the merits of Appellants appeal. We therefore 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.

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