Sharples v. BoP

----ooOoo----

Richard Allen Sharples,
Petitioner and Appellant,

v.

Board of Pardons and Parole,
and Kevin Kurumada,
Respondents and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20020506-CA

F I L E D
September 26, 2002 2002 UT App 312 -----

Third District, Salt Lake Department
The Honorable Roger A. Livingston

Attorneys:
Richard Allen Sharples, Draper, Appellant Pro Se
Mark L. Shurtleff and Natalie A. Wintch, Salt Lake City, for Appellees -----

Before Judges Jackson, Billings, and Bench.

PER CURIAM:

This appeal is before the court on a sua sponte motion for summary dismissal for lack of jurisdiction because the notice of appeal was untimely under rule 4(a) of the Utah Rules of Appellate Procedure.

The judgment that Appellant Richard Allen Sharples seeks to appeal was entered on May 15, 2002. The time for appeal expired on June 14, 2002; however, the notice of appeal was not filed in the district court until June 24, 2002, more than thirty days after entry of the order of dismissal. See Utah R. App. P. 4(a). Rule 4(f) of the Utah Rules of Appellate Procedure does not operate to make the notice of appeal timely. Sharples contends that he is allowed three extra mailing days in which to file a notice of appeal because he is incarcerated. This is an incorrect statement of the rule. Rule 4(f) provides, in relevant part, that "[i]f an inmate confined in an institution files a notice of appeal in either a civil case or a criminal case, the notice of appeal is timely filed if it is deposited in the institution's internal mail system on or before the last day of filing." Utah R. App. P. 4(f). The notice of appeal and certificate of service are each dated June 17, 2002, which negates any claim that the notice of appeal was "deposited on or before the last day for filing." Id.

Accordingly, we dismiss the appeal for lack of jurisdiction.
 
 

______________________________
Norman H. Jackson,
Presiding Judge
 
 

______________________________
Judith M. Billings,
Associate Presiding Judge
 
 

______________________________
Russell W. Bench, Judge