Buckshaw v. Storage USA, Inc.

U.S. Court of Appeals for the Fourth Circuit
Buckshaw v. Storage USA, Inc., 207 F. App'x 275 (4th Cir. 2006)

Buckshaw v. Storage USA, Inc.

Opinion

PER CURIAM:

John J. Buckshaw seeks to appeal the district court’s order denying his motion to reopen the case and amend his complaint. 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. RApp. P. 4(a)(6). This appeal period is “mandatory and jurisdictional.” Browder v. Dir., Dep’t of Corr., 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).

The district court’s order was entered on the docket on May 16, 2006. The notice of appeal was filed on July 11, 2006. Because Buckshaw 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.

Reference

Full Case Name
John J. BUCKSHAW, T/A J.J. Buckshaw & Associates, Plaintiff-Appellant, v. STORAGE USA, INCORPORATED, Defendant-Appellee
Status
Unpublished