No. 25-1150

Roger Lee Morse v. United States District Court for the Eastern District of Virginia

Lower Court: Fourth Circuit
Docketed: 2026-04-03
Status: Pending
Type: Paid
Tags: appellate-jurisdiction jurisdictional-deadlines notice-of-appeal post-trial-relief pro-se-representation procedural-default
Latest Conference: N/A
Question Presented (from Petition)

1. Given Morse's untimely appeal, did the circuit court have jurisdiction to solicit a ruling from the district court, instead of dismissing the appeal?

2. As Morse did not request an extension of the deadline under 28 U.S.C. § 2107(c), could the district court's order support jurisdiction in the circuit court?

3. As Morse had abandoned his appeal and sought post-trial relief in the district court, was the circuit court impermissibly imposing a legal strategy on him, and a losing strategy at that?

Question Presented (AI Summary)

Whether the Fourth Circuit Court of Appeals had jurisdiction to exercise authority over an untimely notice of appeal filed pro se after the 30-day deadline under 28 U.S.C. § 2107 when the appellant failed to request an extension in the district court and subsequently abandoned the appeal to pursue post-trial relief

Docket Entries

2026-03-02
Petition for a writ of certiorari filed. (Response due May 4, 2026)

Attorneys

Roger Lee Morse
Daniel Patrick MeyerTully Rinckey PLLC, Petitioner