UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-1150
WILLIE JAMES PRICE,
Plaintiff - Appellant,
and
VALERIE YOUNG,
Plaintiff,
versus
RONALD C. MCCORMACK; EDWARD F. HOLLORAN;
RUSSELL D. KNIGHT; GEORGE MILLESON,
Defendants- Appellees,
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STAFFORD COUNTY,
Movant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. Gerald Bruce Lee, District
Judge. (1:01-cv-01212-GBL)
Submitted: May 31, 2007 Decided: June 6, 2007
Before WILKINSON, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Willie James Price, Appellant Pro Se. John Andrew Basham, MCKENRY,
DANCIGERS, DAWSON & LAKE, PC, Virginia Beach, Virginia; Gerard
Thomas Schafer, INJURY LAW CENTER, Virginia Beach, Virginia, for
Appellees. Russell D. Knight, George Milleson, Appellees Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Willie James Price seeks to appeal the district court’s
order denying his Motion to Return a False Arrest Bond and his
Motion to Set Trial Date by Jury because the underlying action was
closed in 2003. We dismiss the appeal for lack of jurisdiction
because the notice of appeal was not timely filed.
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 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 (1978) (quoting United States v. Robinson, 361 U.S. 220,
229 (1960)).
The district court’s order was entered on the docket on
May 31, 2006. The notice of appeal was filed on September 7, 2006.
Because Price 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
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