Donald Vaughn v. Denise Gelsinger ( 2021 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 21-6367
DONALD VAUGHN,
Plaintiff - Appellant,
v.
WARDEN DENISE A. GELSINGER; C.O. II BRANDAN RENNER; C.O. II
ANTHONY HUTZLER; C.O. II R. STRAWDERMAN; ROXBURY
CORRECTIONAL INSTITUTION; WAYNE HILL; C.O. II TRAVIS A.
WILLIAMS,
Defendants - Appellees.
Appeal from the United States District Court for the District of Maryland, at Baltimore.
Catherine C. Blake, Senior District Judge. (1:19-cv-00183-CCB)
Submitted: August 24, 2021 Decided: August 27, 2021
Before NIEMEYER and HARRIS, Circuit Judges, and SHEDD, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Donald Vaughn, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Donald Vaughn seeks to appeal the district court’s November 2019 order granting
Defendants summary judgment in Vaughn’s 42 U.S.C. § 1983 action. However, Vaughn
previously appealed this order, and we dismissed that appeal. See Vaughn v. Gelsinger,
806 F. App’x 225 (4th Cir. 2020) (No. 20-6019). Because we have previously dismissed
an appeal of the appealed-from order, and since Vaughn’s most recent notice of appeal was
filed well beyond the 30-day appeal period, see Fed. R. App. P. 4(a)(1)(A) (providing that,
in civil cases in which the United States is a not party, parties are accorded 30 days after
the entry of the district court’s final judgment or order to note an appeal), we dismiss this
appeal as duplicative and untimely. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before this court and argument
would not aid in the decisional process.
DISMISSED
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