# Brown v. Hendler

> Court of Appeals for the Fourth Circuit · May 11, 2009 · 325 F. App'x 196

URL: https://www.frixlaw.com/law-library/cases/1028859

## Case

- **Full name:** Jerome Julius BROWN, Sr., Plaintiff—Appellant, v. Ronald R.J. HENDLER, Chief Executive Officer; John D. Ashcroft, Department of Justice; Margaret Ann Nolan, Assistant Attorney General, Defendants—Appellees
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** May 11, 2009
- **Citations:** 325 F. App'x 196
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Niemeyer, Traxler, Shedd
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1028859

## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 09-1300

JEROME JULIUS BROWN, SR.,

Plaintiff – Appellant,

v.

RONALD R.J. HENDLER, Chief Executive Officer; JOHN D.
ASHCROFT, Department of Justice; MARGARET ANN NOLAN,
Assistant Attorney General,

Defendants – Appellees.

Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson Everett Legg, Chief District
Judge. (1:01-cv-02107-BEL)

Submitted: April 23, 2009 Decided: May 11, 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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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 orders dismissing his 42 U.S.C. § 1983 (2006) action and

denying his motion for copy work at government expense. We

dismiss the appeal for lack of jurisdiction because the notice

of appeal was not timely filed.

When the United States or its officer or agency is a

party, parties in a civil case are required to file the notice

of appeal no more than sixty days after the judgment or order

appealed from is entered, Fed. R. App. P. 4(a)(1)(B), 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 orders were entered on

July 20, 2001, and November 16, 2004. The notice of appeal was

filed on February 18, 2009. See Fed. R. App. P. 4(d). 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/1028859. Public record. Not legal advice.