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Robert J. Garris v. Parker Evatt State of South Carolina, 19 F.3d 10, 4th Cir. (1994)

This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It dismisses an appeal from Robert J. Garris regarding a habeas corpus petition. The summary states that Garris filed the appeal outside the 30-day period required by the Federal Rules of Appellate Procedure and did not request an extension. As the time periods in the Rules are mandatory and jurisdictional, the Court finds it has no jurisdiction over the untimely appeal and dismisses the case.

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15 views2 pages

Robert J. Garris v. Parker Evatt State of South Carolina, 19 F.3d 10, 4th Cir. (1994)

This document is a court case summary from the United States Court of Appeals for the Fourth Circuit. It dismisses an appeal from Robert J. Garris regarding a habeas corpus petition. The summary states that Garris filed the appeal outside the 30-day period required by the Federal Rules of Appellate Procedure and did not request an extension. As the time periods in the Rules are mandatory and jurisdictional, the Court finds it has no jurisdiction over the untimely appeal and dismisses the case.

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19 F.

3d 10

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Robert J. GARRIS, Petitioner Appellant,
v.
Parker EVATT; State of South Carolina, Respondents
Appellees.
No. 93-7275.

United States Court of Appeals, Fourth Circuit.


Submitted: Jan. 20, 1994.
Decided: Feb. 28, 1994.

Appeal from the United States District Court for the District of South
Carolina, at Columbia. Dennis W. Shedd, District Judge. (CA-91-2118-319-B)
Robert J. Garris, Appellant Pro Se.
Donald John Zelenka, Chief Deputy Attorney General, Columbia, South
Carolina, for Appellees.
D.S.C.
DISMISSED.
Before WIDENER, WILKINS, and HAMILTON, Circuit Judges.
PER CURIAM:

Appellant noted this appeal outside the thirty-day appeal period established by
Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within
the additional thirty-day period provided by Fed. R.App. P. 4(a)(5), and did not

request relief under Fed. R.App. P. 4(a)(6). The time periods established by
Fed. R.App. P. 4 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)). Appellant's failure to note a timely appeal or obtain
an extension of the appeal period deprives this Court of jurisdiction to consider
this case. We therefore deny a certificate of probable cause to appeal 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.

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