Background
Kenneth Jamal Sherman, a state prisoner proceeding pro se, filed a notice of appeal challenging a district court judgment that dismissed his case. The district court entered its judgment on March third, two thousand and twenty-five.
The court’s reasoning
The court noted that the notice of appeal did not include the date the prisoner delivered it to prison authorities. However, the notice listed an appeal number for a previous appeal that the parties were not notified of until October first, two thousand and twenty-five. Therefore, the court construed the notice as filed on October first. Under twenty-eight United States Code section two thousand one hundred seven and Federal Rule of Appellate Procedure four, the deadline to appeal was April second. Because the appeal was filed on October first, it was untimely and could not invoke appellate jurisdiction.
What it means going forward
The dismissal prevents the prisoner from pursuing the underlying civil rights claims on appeal due to procedural failure.