Skip to main content
Find a Lawyer

SORENSEN v. John Doe, is the Inspector General of the State of Maryland Department of Corrections; John Doe, is the Director of the State of Maryland for the Division of Corrections; John Doe, is the Unit Chief of the State of Maryland Department of Corrections; John Hammond, is the County Executive for Anne Arrundel County; John Doe, is the Director of Statewide Department of Corrections; John Doe, is the Deputy Superintendent of Operations of the State of Maryland Department of Corrections; John Doe, is the Treatment Supervisor of the State of Maryland Department of Corrections; Ayo, is a Case Manager of the State of Maryland Department of Corrections; J. Michael Stouffer, is the Commissioner of the State of Maryland Department of Corrections, Defendants. (2018)

United States Court of Appeals, Fourth Circuit.

Kenneth SORENSEN, Plaintiff-Appellant, v. John WOLFE, is the Warden of Jessup Correctional Institution; S Priggs, is a Case Manager of the State of Maryland Department of Corrections; Lt. Barnett, is a Correctional Officer; Captain Shaw, Is a Correctional Officer; Dr. Moore, is a Psychologist; Carol Jackson, is a Chief Medical Supervisor Medical Records Supervisor; George Allen, is a Case Manager; Robert Jordan, is a Correctional Officer of the State of Maryland Department of Corrections; Lieutenant Legrand; Kevin J. McComant; Sergeant Shekey Sellman; Frank B. Bishop, Jr.; Richard J. Graham, Jr.; Michael P. Thomas; W. Slate; Ronald Gordon; Robert Tichnell; David Sipes; E. Clark; “Bulter”; “Likin”; J. Monroe; “Karunzie”; Jane Doe #2, escorting transportation officer, Defendants-Appellees, John Doe, is the Inspector General of the State of Maryland Department of Corrections; John Doe, is the Director of the State of Maryland for the Division of Corrections; John Doe, is the Unit Chief of the State of Maryland Department of Corrections; John Hammond, is the County Executive for Anne Arrundel County; John Doe, is the Director of Statewide Department of Corrections; John Doe, is the Deputy Superintendent of Operations of the State of Maryland Department of Corrections; John Doe, is the Treatment Supervisor of the State of Maryland Department of Corrections; Ayo, is a Case Manager of the State of Maryland Department of Corrections; J. Michael Stouffer, is the Commissioner of the State of Maryland Department of Corrections, Defendants.

No. 17-7152

Decided: March 15, 2018

Before GREGORY, Chief Judge, and FLOYD and HARRIS, Circuit Judges.

Kenneth Sorensen, Appellant Pro Se. Nichole Cherie Gatewood, Ankush Nayar, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellees.

Kenneth Sorensen seeks to appeal the district court's order granting Defendants summary judgment in Sorensen's 42 U.S.C. § 1983 (2012) civil rights action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties are accorded 30 days after the entry of the district court's final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), 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). “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 214, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court's final dispositive order was entered on the docket on June 19, 2017. On Sorensen's motion, the district court extended the appeal period until Monday, August 21, 2017. Sorensen's notice of appeal, however, was not received for filing until Thursday, August 24, 2017.* Accordingly, because Sorensen failed to file a timely notice of appeal despite receiving an extension of the appeal period, we are constrained to dismiss the appeal as untimely. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

DISMISSED

FOOTNOTES

FOOTNOTE.   Because Sorensen was not incarcerated when he filed the notice of appeal, Fed. R. App. P. 4(c), the so-called “prison mailbox rule,” is not applicable in this case.

PER CURIAM:

Dismissed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law

SORENSEN v. John Doe, is the Inspector General of the State of Maryland Department of Corrections; John Doe, is the Director of the State of Maryland for the Division of Corrections; John Doe, is the Unit Chief of the State of Maryland Department of Corrections; John Hammond, is the County Executive for Anne Arrundel County; John Doe, is the Director of Statewide Department of Corrections; John Doe, is the Deputy Superintendent of Operations of the State of Maryland Department of Corrections; John Doe, is the Treatment Supervisor of the State of Maryland Department of Corrections; Ayo, is a Case Manager of the State of Maryland Department of Corrections; J. Michael Stouffer, is the Commissioner of the State of Maryland Department of Corrections, Defendants. (2018)

Docket No: No. 17-7152

Decided: March 15, 2018

Court: United States Court of Appeals, Fourth Circuit.

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

    More Options

    For Legal Professionals

    Get a profile on the #1 online legal directory

    Harness the power of our directory with your own profile. Select the button below to sign up.

    Sign up

    Learn About the Law

    Get help with your legal needs

    FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

    Go to Learn About the Law

    Need to find an attorney?

    Search our directory by legal issue

    Enter information in one or both fields (Required)

      More Options
      Copied to clipboard