Marla Crawford v. David Corrigan

U.S. Court of Appeals for the Fourth Circuit

Marla Crawford v. David Corrigan

Opinion

USCA4 Appeal: 21-1956 Doc: 10 Filed: 12/22/2022 Pg: 1 of 4

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21-1956

DR. MARLA FAITH CRAWFORD,

Plaintiff - Appellant,

v.

DAVID PATRICK CORRIGAN; HARMAN, CLAYTOR, CORRIGAN & WELLMAN,

Defendants - Appellees,

and

SCHOOL BOARD FOR RICHMOND CITY,

Defendant.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. John A. Gibney, Jr., Senior District Judge. (3:20-cv-00923-JAG)

Submitted: December 20, 2022 Decided: December 22, 2022

Before NIEMEYER and QUATTLEBAUM, Circuit Judges, and FLOYD, Senior Circuit Judge.

Dismissed in part and affirmed in part by unpublished per curiam opinion. USCA4 Appeal: 21-1956 Doc: 10 Filed: 12/22/2022 Pg: 2 of 4

Marla Crawford, Appellant Pro Se. Julie Smith Palmer, HARMAN CLAYTOR CORRIGAN & WELLMAN, Glen Allen, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

2 USCA4 Appeal: 21-1956 Doc: 10 Filed: 12/22/2022 Pg: 3 of 4

PER CURIAM:

Dr. Marla Faith Crawford seeks to appeal the district court’s order dismissing her

civil complaint for failure to state a claim, and two subsequent orders granting Defendants’

Fed. R. Civ. P. 11 motion for monetary sanctions and subjecting Crawford to a pre-filing

injunction in future cases. We dismiss in part and affirm in part.

With respect to the district court’s order dismissing Crawford’s civil complaint for

failure to state a claim, we dismiss the appeal for lack of jurisdiction because the notice of

appeal was not timely filed. In civil cases, parties have 30 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). “[T]he timely filing of a notice of appeal in a civil

case is a jurisdictional requirement.” Bowles v. Russell,

551 U.S. 205, 214

(2007).

The district court’s order was entered on May 12, 2021. The notice of appeal was

filed on August 27, 2021. Because Crawford failed to file a timely notice of appeal or to

obtain an extension or reopening of the appeal period, we dismiss the appeal as to this

order.

As to the district court’s orders granting the Rule 11 motion for sanctions, we have

reviewed the record and find no reversible error. Accordingly, we affirm the district court’s

3 USCA4 Appeal: 21-1956 Doc: 10 Filed: 12/22/2022 Pg: 4 of 4

orders. Crawford v. School Bd. for Richmond City, No. 3:20-cv-00923-JAG (E.D. Va. July

28, 2021). We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before this court and argument would not aid the

decisional process.

DISMISSED IN PART, AFFIRMED IN PART

4

Reference

Status
Unpublished