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00-1470•William H. Wyatt, Jr v. Director, Dep’t of Corrections, 434 U.S. 257, 264 1978 quoting United States v.…
00-1470Court of Appeals for the Fourth CircuitAug 29, 2000
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-1470
WILLIAM H. WYATT, JR.,
Plaintiff - Appellant,
versus
CELESTINE PERSON ALLEN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. Robert E. Payne, District Judge.
(CA-99-385-3)
Submitted: August 24, 2000 Decided: August 29, 2000
Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
William H. Wyatt, Jr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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2
PER CURIAM:
William H. Wyatt, Jr., seeks to appeal from the district
court’s order dismissing his suit for assault, libel, and slander.
We dismiss the appeal for lack of jurisdiction, because Wyatt’s
notice of appeal was not timely filed.
Parties are accorded thirty days after entry of the district
court’s final judgment or order to note an appeal, see Fed. R. App.
P. 4(a)(1), 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. Director, Dep’t of Corrections, 434
U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S.
220, 229 (1960)).
The district court’s order was entered on the docket on March
15, 2000. Wyatt’s notice of appeal was filed on April 17, 2000.
Because Wyatt failed to file a timely notice of appeal or to obtain
an extension or reopening of the appeal period, we dismiss the ap-
peal. We deny Wyatt’s motion to remove Judge Payne from any pend-
ing or future suits. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
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