U.S. Court of Appeals for the Fourth Circuit, 2004

Jones v. Lassiter

Jones v. Lassiter
U.S. Court of Appeals for the Fourth Circuit · Decided July 28, 2004 · Widener, Williams, King
103 F. App'x 525

Jones v. Lassiter

Opinion

PER CURIAM:

Paul W. Jones appeals the district court’s order denying his motions for change of venue and for reconsideration of its previous order dismissing Jones’s 42 U.S.C. § 1983 (2000) complaint for failure to state a claim. We have reviewed the record and find no reversible error. Accordingly, we affirm the district court’s order denying the requested change of venue and reconsideration. See Jones v. Lassiter, No. CA-02-897-5-F (E.D.N.C. filed Aug. 6, 2003 & entered Aug. 11, 2003). To the extent that Jones seeks to appeal the court’s order dismissing his § 1983 action, his notice of appeal is untimely. The court’s order dismissing Jones’s § 1983 action was entered on its docket on June 26, 2003. Jones’s notice of appeal was filed, at the earliest, on August 18, 2003, which was beyond the thirty-day appeal period. See Fed. R.App. P. 4(a)(1)(A). Therefore, to the extent that Jones seeks to appeal the district court’s order dismissing his § 1983 action, we dismiss his appeal as untimely. 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.

AFFIRMED IN PART; DISMISSED IN PART

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