McLean v. Michael ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-7227
QUENTIN MCLEAN,
Plaintiff - Appellant,
versus
M. MICHAEL, C/O Augusta Correctional Center;
A. SANTIAGO, C/O Augusta Correctional Center;
D. L. COOK, C/O Augusta Correctional Center,
Defendants - Appellees.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-98-119-R)
Submitted: January 31, 2000 Decided: February 8, 2000
Before MICHAEL, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Quentin McLean, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant Quentin McLean seeks to appeal the district court’s
order dismissing without prejudice his 42 U.S.C.A. § 1983 (West
Supp. 1999) complaint. Initially, we found that McLean’s notice of
appeal was untimely and was filed outside the excusable neglect
period. However, we remanded this case to the district court to
consider McLean’s motion to reopen the appeal period pursuant to
Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The dis-
trict court denied the motion. We find that the district court did
not abuse its discretion in denying McLean’s motion to reopen the
appeal period. See Ogden v. San Juan County, 32 F.3d 452, 455 (10th
Cir. 1994) (standard of review for denial of Rule 4(a)(6) motions).
Consequently, we now dismiss the appeal for lack of jurisdiction
because McLean’s notice of appeal was not timely filed. We dis-
pense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
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