# Brown v. McLone

> Court of Appeals for the Fourth Circuit · April 30, 2009 · 324 F. App'x 269

URL: https://www.frixlaw.com/law-library/cases/1028667

## Case

- **Full name:** U.S. Bounty #10 Jerome Julius BROWN, Sr., Petitioner-Appellant, v. Thomithy J. MCLONE, State’s Attorney, Respondent-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** April 30, 2009
- **Citations:** 324 F. App'x 269
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Niemeyer, Traxler, Shedd
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 08-8328

U.S. BOUNTY #10 JEROME JULIUS BROWN, SR.,

Petitioner – Appellant,

v.

THOMITHY J. MCLONE, State’s Attorney,

Respondent – Appellee.

Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, Chief District
Judge. (1:07-cv-00182-BEL)

Submitted: April 9, 2009 Decided: April 30, 2009

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome Julius Brown, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:

Jerome Julius Brown, Sr., seeks to appeal the district

court’s order dismissing his 28 U.S.C. § 2241 (2006) petition.

We dismiss the appeal for lack of jurisdiction because the

notice of appeal was not timely filed.

Parties in a civil case are required to file the

notice of appeal within thirty days after the judgment or order

appealed from is entered, Fed. R. App. P. 4(a)(1)(A), 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.

Bowles v. Russell, 551 U.S. 205 (2007).

The district court’s order was entered on the civil

docket on February 1, 2007, and was entered for purposes of Fed.

R. App. P. 4(a) on July 2, 2007. See Fed. R. App. P. 4(a)(7).

The notice of appeal was filed on September 17, 2008. Because

Brown failed to file a timely notice of appeal or to obtain an

extension or reopening of the appeal period, we deny leave to

proceed in forma pauperis 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

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1028667. Public record. Not legal advice.