TaiLexi AI U.S. Case Law

Knight v. York

Kenneth M. KNIGHT, Sr., Petitioner-Appellant, v. Michael YORK, Superintendent of Albermarle Correctional Institution, Respondent-Appellee

Knight v. York, 32 F. App'x 118 (4th Cir. 2002)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Appeals for the Fourth Circuit · U.S. Courts of Appeals
Decided
April 16, 2002
Docket
No. 01-7760
Judges
King, Niemeyer, Per Curiam, Williams
Citations
32 F. App'x 118
Status
Unpublished
Disposition
Dismissed by unpublished PER CURIAM opinion.

Opinion — Per Curiam

PER CURIAM.

Kenneth M. Knight, Sr., seeks to appeal the dismissal of his petition for writ of habeas corpus filed pursuant to 28 U.S.C.A. § 2254 (West 1994 & Supp.2001). The district court’s final order was entered on July 20, 2001. Knight filed a notice of appeal dated October 5, 2001, well after his time for noting an appeal had expired under Fed. R.App. P. 4(a)(1)(A). In this document Knight claimed he did not receive notice of entry of final judgment until September 24, 2001. Even if the notice of appeal were considered as a motion for extension of time under Fed. R.App. P. 4(a)(6), cf. Shah v. Hutto, 722 F.2d 1167, 1168-69 (4th Cir.1983), it was filed more than seven days after the date Knight claims to have received notice of the district court’s order and is, therefore, untimely.

See Fed. R.App. P. 4(a)(6)(A);

Hensley v. Chesapeake & O. Ry. Co., 651 F.2d 226, 228 (4th Cir.1981). Because we are without jurisdiction, we deny a certificate of appealability and dismiss the appeal.

See Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264 , 98 S.Ct. 556 , 54 L.Ed.2d 521 (1978). 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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2002: 120022026peak 2002 · 1

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Browder v. Dir., 434 U.S. 257 (1978) 3,111
Shah v. Hutto, 722 F.2d 1167 (4th Cir. 1983) 132
Hensley v. The Chesapeake & Ohio Ry. Co., a Corp., Robert M, 651 F.2d 226 (4th Cir. 1981) 105

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list