Wilson v. Galetka

----ooOoo----

James J. Wilson,
Petitioner and Appellant,

v.

Hank Galetka, Warden,
and State of Utah,
Respondents and Appellees.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010415-CA

F I L E D
November 16, 2001 2001 UT App 345 -----

Third District, Salt Lake Department
The Honorable Sandra Peuler

Attorneys:
James J. Wilson, Hurricane, Appellant Pro Se
Mark L. Shurtleff, Thomas B. Brunker, and Erin Riley, Salt Lake City, for Appellees -----

Before Judges Greenwood, Jackson, and Bench.

PER CURIAM:

Appellant James J. Wilson appeals from the dismissal of his petition for post-conviction relief for failure to prosecute. This case is before the court on a sua sponte motion for summary dismissal for lack of jurisdiction.

The district court dismissed the petition by an order of dismissal entered on January 24, 2001. Appellant did not file his notice of appeal until May 8, 2001, more than sixty days after the entry of the order he seeks to appeal. Appellant did not seek or obtain an extension of the time for appeal by a motion in the trial court pursuant to Rule 4(e) of the Utah Rules of Appellate Procedure.

Appellant contends that he did not receive a copy of the order of dismissal until April 30, 2001, and that his notice of appeal should be deemed timely. However, this court is bound by the date of entry of the order of dismissal in the trial court, and may not extend the time for appeal under Rule 4(a) of the Utah Rules of Appellate Procedure.

Accordingly, we dismiss the appeal for lack of jurisdiction because the appeal was untimely.
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 

______________________________
Norman H. Jackson,
Associate Presiding Judge
 
 

______________________________
Russell W. Bench, Judge