Johnson v. SunTrust Bank ( 2005 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1558
TERENCE KEITH JOHNSON,
Plaintiff - Appellant,
versus
SUNTRUST BANK,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (CA-03-937-3)
Submitted: November 30, 2005 Decided: December 13, 2005
Before KING, SHEDD, and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Terence Keith Johnson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Terence Keith Johnson appeals the district court’s order
denying his motion to extend the time to file a notice of appeal.
Because the time periods governed by Rule 4 of the Federal Rules of
Appellate Procedure are “mandatory and jurisdictional,” Browder v.
Director, Dep’t of Corrections, 434 U.S. 257, 264 (1978), the
district court properly found that it was without jurisdiction to
grant the extension where more than sixty days had elapsed since
the entry of the final order. See Fed. R. App. P. 4(a)(l)(A). We
have reviewed the record and find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. See Johnson v. SunTrust Bank, No. CA-03-937-3 (E.D. Va.
May 19, 2005). 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.
AFFIRMED
- 2 -