CLARK v. CARTLEDGE

No. 15-6248.

829 F.3d 303 (2016)

Keith Alan CLARK, Petitioner-Appellant, v. Larry CARTLEDGE, Warden Perry Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: July 12, 2016.


Attorney(s) appearing for the Case

ARGUED: Dana Wallace , University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Susannah Rawl Cole , Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee. ON BRIEF: Stephen L. Braga , Jude Halawi, Third Year Law Student, Andrew Selman , Third Year Law Student, Appellate Litigation Clinic, University of Virginia School of Law, Charlottesville, Virginia, for Appellant. Alan Wilson , Attorney General, John W. McIntosh , Chief Deputy Attorney General, Donald J. Zelenka , Senior Assistant Deputy Attorney General, Brendan J. McDonald , Assistant Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee.

Jurisdiction affirmed by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Harris joined. Judge Niemeyer wrote a dissenting opinion.


Rule 3 of the Federal Rules of Appellate Procedure conditions federal appellate jurisdiction on the filing of a timely notice of appeal. In this case, we hold that a document filed by a pro se litigant as an extension of time to request a certificate of appealability qualifies as the notice of appeal required by Rule 3.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases