Price v. McCormack , 235 F. App'x 978 ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 07-1150
    WILLIE JAMES PRICE,
    Plaintiff - Appellant,
    and
    VALERIE YOUNG,
    Plaintiff,
    versus
    RONALD C. MCCORMACK; EDWARD F. HOLLORAN;
    RUSSELL D. KNIGHT; GEORGE MILLESON,
    Defendants- Appellees,
    - - - - - - - - - - - - - - - - -
    STAFFORD COUNTY,
    Movant.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Alexandria. Gerald Bruce Lee, District
    Judge. (1:01-cv-01212-GBL)
    Submitted:   May 31, 2007                   Decided:   June 6, 2007
    Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Willie James Price, Appellant Pro Se. John Andrew Basham, MCKENRY,
    DANCIGERS, DAWSON & LAKE, PC, Virginia Beach, Virginia; Gerard
    Thomas Schafer, INJURY LAW CENTER, Virginia Beach, Virginia, for
    Appellees. Russell D. Knight, George Milleson, Appellees Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    - 2 -
    PER CURIAM:
    Willie James Price seeks to appeal the district court’s
    order denying his Motion to Return a False Arrest Bond and his
    Motion to Set Trial Date by Jury because the underlying action was
    closed in 2003.    We dismiss the appeal for lack of jurisdiction
    because the notice of appeal was not timely filed.
    Parties are accorded thirty days after the entry of the
    district court’s final judgment or order to note an appeal, Fed. R.
    App. P. 4(a)(1)(A), unless the district court extends the appeal
    period under Fed. R. App. P. 4(a)(5), or reopens the appeal period
    under Fed. R. App. P. 4(a)(6).    This appeal period is “mandatory
    and jurisdictional.”    Browder v. Dir., Dep’t of Corr., 
    434 U.S. 257
    , 264 (1978) (quoting United States v. Robinson, 
    361 U.S. 220
    ,
    229 (1960)).
    The district court’s order was entered on the docket on
    May 31, 2006.   The notice of appeal was filed on September 7, 2006.
    Because Price failed to file a timely notice of appeal or to obtain
    an extension or reopening of the appeal period, we dismiss the
    appeal. We dispense 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
    - 3 -
    

Document Info

Docket Number: 07-1150

Citation Numbers: 235 F. App'x 978

Judges: Gregory, Per Curiam, Traxler, Wilkinson

Filed Date: 6/6/2007

Precedential Status: Non-Precedential

Modified Date: 8/7/2023