Opinion
21-6037
05-28-2021
TYRONE LESLIE FARRIS, Petitioner-Appellant, v. JIMMY MARTIN, Warden of North Fork Corrections; JOE ALLBAUGH, Director of the Department of Corrections, Respondents-Appellees.
D.C. No. 5:18-CV-00738-R (W.D. Okla.)
Before HARTZ, HOLMES, and PHILLIPS, Circuit Judges.
ORDER
This matter is before the court on its March 29, 2021 jurisdictional show cause order and pro se Appellant Tyrone Leslie Farris' response to that order. Upon consideration of the response, the district court's docket, and the applicable law, the court dismisses the appeal for the reasons set forth below.
The timely filing of the notice of appeal is both mandatory and jurisdictional. Bowles v. Russell, 551 U.S. 205, 214 (2007). Appellant's pro se status does not affect this rule. See Mayfield v. U.S. Parole Comm'n, 647 F.2d 1053, 1055 (10th Cir. 1981) (dismissing pro se appeal filed three days late). In a civil case like this one, the notice of appeal must be filed within 30 days after entry of the order or judgment being appealed. 28 U.S.C. § 2107(a); Fed. R. App. P. 4(a)(1)(A).
Here, the district court entered final judgment on February 10, 2021. Appellant's March 25, 2021 notice of appeal is beyond the Federal Rule of Appellate Procedure 4(a)(1)(A)'s 30-day time frame. The court notes that the certificate of service for the notice of appeal is dated March 12, 2021, but it does not contain the information required by Federal Rule of Appellate Procedure 4(c)(1). The court notes that Appellant states that he delivered his notice of appeal to prison officials for mailing on March 12, 2021. However, Appellant's pro se status "does not excuse the obligation . . . to comply with the fundamental requirements of the Federal Rules of . . . Appellate Procedure." Ogden v. San Juan Cty., 32 F.3d 452, 455 (10th Cir. 1994).
Because the notice of appeal was filed beyond the 30-day time frame, the court lacks jurisdiction over this appeal.
APPEAL DISMISSED.