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  • Freddie Taylor v. Cumberland County District Attorney's Office Sharon Rippe, Assistant Prosecutor, 896 F.2d 547, 4th Cir. (1990)

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    This document summarizes a court case in which Freddie Taylor filed a 42 U.S.C. § 1983 action alleging deprivation of his constitutional rights against a county district attorney's office and an assistant district attorney. The district court dismissed the action as frivolous. Taylor appealed the dismissal 32 days after the district court denied his petition for a writ of mandamus, missing the 30-day deadline. The appeals court dismissed the appeal for lacking jurisdiction due to the missed deadline. It also denied Taylor's petition for a writ of mandamus, as mandamus cannot be used as a substitute for appeal.

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    Filed: 1990-03-23 Precedential Status: Non-Precedential Citations: 896 F.2d 547 Docket: 89-7626

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    This document summarizes a court case in which Freddie Taylor filed a 42 U.S.C. § 1983 action alleging deprivation of his constitutional rights against a county district attorney's office and an assistant district attorney. The district court dismissed the action as frivolous. Taylor appealed the dismissal 32 days after the district court denied his petition for a writ of mandamus, missing the 30-day deadline. The appeals court dismissed the appeal for lacking jurisdiction due to the missed deadline. It also denied Taylor's petition for a writ of mandamus, as mandamus cannot be used as a substitute for appeal.

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    Freddie Taylor v. Cumberland County District Attorney's Office Sharon Rippe, Assistant Prosecutor, 896 F.2d 547, 4th Cir. (1990)

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    This document summarizes a court case in which Freddie Taylor filed a 42 U.S.C. § 1983 action alleging deprivation of his constitutional rights against a county district attorney's office and an assistant district attorney. The district court dismissed the action as frivolous. Taylor appealed the dismissal 32 days after the district court denied his petition for a writ of mandamus, missing the 30-day deadline. The appeals court dismissed the appeal for lacking jurisdiction due to the missed deadline. It also denied Taylor's petition for a writ of mandamus, as mandamus cannot be used as a substitute for appeal.

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    of 2

    896 F.

    2d 547
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Freddie TAYLOR, Plaintiff-Appellant,
    v.
    CUMBERLAND COUNTY DISTRICT ATTORNEY'S
    OFFICE; Sharon Rippe,
    Assistant Prosecutor, Defendants-Appellees.
    No. 89-7626.*

    United States Court of Appeals, Fourth Circuit.


    Submitted: Sept. 21, 1989.
    Decided: Feb. 7, 1990.
    Rehearing Granted March 23, 1990.

    Freddie Taylor, appellant pro se.


    Lacy Herman Thornburg, Office of the Attorney General of North
    Carolina; Edward W. Grannis, Jr., District Attorney's Office, for
    appellees.
    Before PHILLIPS and WILKINS, Circuit Judges, and BUTZNER, Senior
    Circuit Judge.
    PER CURIAM:

    Freddie Taylor filed a 42 U.S.C. Sec. 1983 action alleging that he was deprived
    of his constitutional rights by the actions of the Cumberland County District
    Attorney's Office and an assistant district attorney. The district court dismissed
    the action as frivolous. Taylor moved for reconsideration, but the motion was
    denied. Taylor petitioned the district court for a writ of mandamus, but the
    petition was denied on April 10, 1989. Taylor filed a notice of appeal and

    petition for writ of mandamus on May 12, 1989, 32 days after the district
    court's denial of the petition. Taylor did not move for an extension of time in
    which to file his appeal.
    2

    Taylor's notice of appeal was filed outside of the 30-day appeal period provided
    by Fed.R.App.P. 4(a). The time periods established by Fed.R.App.P. 4 are
    "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434
    U.S. 257, 264 (1978). Taylor's failure to note a timely appeal or to move for an
    extension of time to appeal deprives this Court of jurisdiction; therefore, we
    dismiss the appeal.

    In his petition for writ of mandamus, Taylor sought reversal of the district
    court's dismissal of his Sec. 1983 action. Mandamus cannot be used as a
    substitute for appeal. In re United Steelworkers, 595 F.2d 958, 960 (4th
    Cir.1979). Because the relief sought by Taylor could have been addressed in an
    appeal, the petition for writ of mandamus is denied.

    We dispense with oral argument because the facts and legal issues are
    adequately presented in the material before the Court and argument would not
    significantly aid in the decisional process.

    APPEAL DISMISSED; PETITION DENIED.

    Rehearing Granted March 23, 1990

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