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30 F. App'x 95

Staton v. Dodrill

U.S. Courts of Appeals

Decided February 26, 2002

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U.S. Courts of Appeals · decided 2002-02-26

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 2002

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Browder v. Director Department of Corrections of Illinois · United States v. Robinson

Good law ✅— No negative treatment on recordhow we know

Decided 2002-02-26

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PER CURIAM.

¶1 James Staton, Jr., seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2241 (1994) petition. We dismiss the appeal for lack of jurisdiction because Staton’s notice of appeal was not timely filed.

¶2 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, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).

¶3 The district court’s order was entered on the docket on February 15, 2001. Sta-ton’s notice of appeal was filed on October 12, 2001. Because Staton 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.

¶4 DISMISSED.

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