Wyatt v. Allen

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-1470 WILLIAM H. WYATT, JR., Plaintiff - Appellant, versus CELESTINE PERSON ALLEN, Defendant -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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). 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 2