Jeffries v. Mercedes-Benz Credit Corp.
Opinion
Monica Jeffries appeals the district court’s order granting summary judgment in favor of Mercedes-Benz Credit Corporation, Inc., DaimlerChrysler Financial Services Americas, Trans Union, LLC, Ex-perian Information Solutions, Inc., and Equifax on her claims under the Fan-Credit Reporting Act and for various common law tort causes of action. 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, 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 granting summary judgment in favor of defendants was entered on the docket on June 27, 2006. The notice of appeal was filed by Jeffries on August 2, 2006. Because Jeffries failed to file a timely notice of appeal or obtain an extension or reopening of the appeal period, we deny Jeffries’s motion to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials be *202 fore the court and argument would not aid the decisional process.
DISMISSED.
Reference
- Full Case Name
- Monica JEFFRIES, Plaintiff—Appellant, and Benny Thomas, Plaintiff, v. MERCEDES-BENZ CREDIT CORPORATION; Trans Union; Experian; Equifax; DaimlerChrysler Financial Services Americas, LLC, Defendants—Appellees, and America Service Center, Defendant
- Status
- Unpublished