Fitts v. Bechtel Savannah

U.S. Court of Appeals for the Fourth Circuit March 13, 2008

Opinion

No. 06-2107

Plaintiff - Appellant,

Defendant - Appellee.

No. 07-2158

Plaintiff - Appellant,

Defendant - Appellee.

Appeals from the United States District Court for the District of South Carolina, at Aiken. Henry F. Floyd, District Judge. (1:04-cv-23202-HFF)

Submitted: February 29, 2008 Decided: March 13, 2008

Before MOTZ, TRAXLER, and DUNCAN, Circuit Judges. No. 06-2107 dismissed; No. 07-2158 affirmed by unpublished per curiam opinion.

Edna Mae Fitts, Appellant Pro Se. William Harrell Foster, III, NELSON, MULLINS, RILEY & SCARBOROUGH, LLP, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Edna Mae Fitts appeals the district court’s orders

granting summary judgment to the Employer in Fitts’ employment

discrimination action and denying relief under Fed. R. App. P.

4(a)(6). Fitts’ appeal of the summary judgment motion was untimely

filed. We therefore grant the Appellee’s motion to dismiss the

appeal as untimely. We have reviewed the record and find no

reversible error in the district court’s determination that Fitts

was not entitled to the benefit of reopening the appeal period

under Rule 4(a)(6). Accordingly, we affirm the order for the

reasons stated by the district court. Fitts v. Bechtel Savannah

River Site, No. 1:04-cv-23202-HFF (D.S.C. May 16, 2006; Nov. 13,

2007). 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.

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