U.S. Court of Appeals for the Fourth Circuit, 2023

Eddie Jackson, Jr. v. Wilhelm Restaurant Group, Inc.

Eddie Jackson, Jr. v. Wilhelm Restaurant Group, Inc.
U.S. Court of Appeals for the Fourth Circuit · Decided October 12, 2023

Eddie Jackson, Jr. v. Wilhelm Restaurant Group, Inc.

Opinion

USCA4 Appeal: 22-1530 Doc: 18 Filed: 10/12/2023 Pg: 1 of 2

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1530

EDDIE ROY JACKSON, JR., Plaintiff - Appellant, v. WILHELM RESTAURANT GROUP, INC.; 3289 CORPORATION; ROSEMARIE KEMMER; DOUGLAS HEWITT, Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Rossie David Alston, Jr., District Judge. (1:22-cv-00165-RDA-TCB)

Submitted: September 21, 2023 Decided: October 12, 2023

Before KING, HEYTENS, and BENJAMIN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Eddie Roy Jackson, Jr., Appellant Pro Se. William Morgan Palmer, Norfolk, Virginia, Randy Carl Sparks, Jr., KAUFMAN & CANOLES, PC, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

USCA4 Appeal: 22-1530 Doc: 18 Filed: 10/12/2023 Pg: 2 of 2

PER CURIAM: Eddie Roy Jackson, Jr., appeals the district court’s order granting Appellees’ motion to dismiss his civil complaint under Fed. R. Civ. P. 12(b)(6). * We have reviewed the record and find no reversible error. Accordingly, we deny the pending motion and affirm the district court’s order. See Jackson v. Wilhelm Rest. Grp., Inc., No. 1:22-cv-00165-RDA- TCB (E.D. Va. Mar. 30, 2022). 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.

AFFIRMED

* Appellees have moved to dismiss the appeal, because the notice of appeal was filed more than 30 days after the district court’s order was entered on the docket. (ECF No. 8).

Jackson opposes the motion. (ECF No. 16). Because the district court’s order was not set forth on a separate document, we conclude that the notice of appeal was timely filed, and we have jurisdiction over the appeal. See Fed. R. App. P. 4(a)(7)(A)(ii).

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