Frank M. Neff v. State of Maryland Talbot County, Maryland Easton, Maryland Police Department Social Service, 40 F.3d 1244, 4th Cir. (1994)
Frank M. Neff v. State of Maryland Talbot County, Maryland Easton, Maryland Police Department Social Service, 40 F.3d 1244, 4th Cir. (1994)
3d 1244
Appeal from the United States District Court for the District of Maryland,
at Baltimore. M. J. Garbis, District Judge. (CA-94-655-MJG).
Frank M. Neff, Appellant Pro Se.
D.Md.
DISMISSED.
Before ERVIN, Chief Judge, and WILKINSON and HAMILTON, Circuit
Judges.
PER CURIAM:
Frank Neff appeals from the district court's order signed March 24, 1994, and
entered March 28, 1994, denying relief under 28 U.S.C. Sec. 2254 (1988). We
dismiss the appeal for lack of jurisdiction.
Although warned by this Court of his failure to sign his notice of appeal, Neff
failed to amend his notice of appeal. The unsigned notice of appeal did not
confer jurisdiction on this Court. Covington v. Allsbrook, 636 F.2d 63 (4th
Cir.1980), cert. denied, 451 U.S. 914 (1981). Moreover, the thirty-day appeal
period prescribed by Fed. R.App. P. 4(a)(1), and the additional thirty-day
period prescribed by Fed. R.App. P. 4(a)(5) for seeking an extension of the
filing period, have both expired.* Accordingly, we deny a certificate of
probable cause to appeal and dismiss the appeal for lack of jurisdiction. 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.
Even if Neff's signed docketing statement filed on May 27, 1994, were
construed as a notice of appeal (See Smith v. Barry, 60 U.S.L.W. 4065
(U.S.1992)), it was not timely under Fed. R.App. P. 4(a)(1)