Burts v. Sullivan's Body Shop

U.S. Court of Appeals for the Fourth Circuit
Burts v. Sullivan's Body Shop, 297 F. App'x 237 (4th Cir. 2008)

Burts v. Sullivan's Body Shop

Opinion

PER CURIAM:

Antonio Burts seeks to appeal an unspecified order in his action against Sullivan’s Body Shop. The district court issued its most recent decision in the case on September 4, 2007, when it denied Burts’ post-judgment motion for transcripts. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed as to even the most recent order of the district court.

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 *238 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 (I960)).

The district court’s latest order was entered on the docket on September 4, 2007. The notice of appeal was filed in July 2008. Because Burts 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
Antonio BURTS, Plaintiff-Appellant, v. SULLIVAN’S BODY SHOP, Defendant-Appellee
Status
Unpublished