Monica Jeffries v. Gaylord Entertainment , 641 F. App'x 265 ( 2016 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 15-2479
    MONICA JEFFRIES,
    Plaintiff - Appellant,
    v.
    GAYLORD   ENTERTAINMENT;      GAYLORD    NATIONAL   RESORT   AND
    CONVENTION CENTER,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.     Peter J. Messitte, Senior District
    Judge. (8:10-cv-00691-PJM)
    Submitted:   March 17, 2016                 Decided:   March 21, 2016
    Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Monica Jeffries, Appellant Pro Se.   Jay Paul Holland, Levi S.
    Zaslow, JOSEPH, GREENWALD & LAAKE, PA, Greenbelt, Maryland, for
    Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Monica Jeffries appeals from the district court’s judgment
    in   Defendants’      favor    on    her       disability        discrimination         and
    retaliation       claims,    brought    pursuant       to    the     Americans         with
    Disabilities Act of 1990, 
    42 U.S.C. §§ 12101
     to 12213 (2012).
    Appellees    have    moved    to    dismiss      the   appeal.           The    district
    court’s judgment was entered in 2013, affirmed by this court in
    2013, and the Supreme Court denied Jeffries’ petition for writ
    of certiorari in 2014.              The district court’s judgment is not
    subject to relitigation before this court.                         See Patterson v.
    City of Newport News, 
    364 F.2d 816
    , 818 (4th Cir. 1966) (“That
    judgment having become final with the Supreme Court’s dismissal
    of the appeal and denial of certiorari, it is not subject to
    relitigation in the lower federal courts.”).                        Because we have
    previously affirmed the district court’s judgment, the appeal is
    duplicative.
    To     the    extent     Jeffries’        appellate         filings       could     be
    construed as a challenge to this court’s 2013 order affirming
    the district court’s judgment, the time for filing a rehearing
    petition    expired    long    ago.        See    Fed.      R.    App.   P.     40(a)(1)
    (“Unless the time is shortened or extended by order or local
    rule, a petition for panel rehearing may be filed within 14 days
    after entry of judgment.”).             Accordingly, we grant Appellees’
    motion and dismiss the appeal.                 We dispense with oral argument
    2
    because the facts and legal contentions are adequately presented
    in the materials before this court and argument would not aid
    the decisional process.
    DISMISSED
    3
    

Document Info

Docket Number: 15-2479

Citation Numbers: 641 F. App'x 265

Filed Date: 3/21/2016

Precedential Status: Non-Precedential

Modified Date: 1/13/2023