Ballard v. Chairman, Virginia Parole Board ( 2002 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7489
MARIO BALLARD,
Plaintiff - Appellant,
versus
CHAIRMAN, VIRGINIA PAROLE BOARD,
Defendant - Appellee.
Appeal from the United States District Court for the Western Dis-
trict of Virginia, at Roanoke. Samuel G. Wilson, Chief District
Judge. (CA-01-235-7)
Submitted: December 20, 2001 Decided: January 9, 2002
Before LUTTIG, TRAXLER, and GREGORY, Circuit Judges.
Dismissed in part and affirmed in part by unpublished per curiam
opinion.
Mario Ballard, Appellant Pro Se. Richard Carson Vorhis, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mario Ballard appeals from the district court’s orders denying
his motion for a preliminary injunction, his numerous motions for
reconsideration, and his motion for a certificate of appealability.
Ballard’s appeal is untimely as to the order denying his motion for
a preliminary injunction and the July 10, 2001, order denying his
June 7, 2001, motion for reconsideration. Fed. R. App. P. 4(a);
Kraft, Inc. v. United States, 85 F.3d 602, 605 (Fed. Cir.) (holding
that, following initial Fed. R. Civ. P. 59 motion tolling appeal
period, successive motions periods are not permitted), modified on
other grounds, 96 F.3d 1428 (Fed. Cir. 1996); accord EEOC v. Cent.
Motor Lines, Inc., 537 F.2d 1162, 1165 (4th Cir. 1976). We find
that Ballard’s appeal from the denial of the remaining orders
states no grounds for relief. United States v. Williams, 674 F.2d
310, 313 (4th Cir. 1982) (finding no grounds for relief where
motion for reconsideration raises no new arguments, seeks only re-
consideration of legal issue, or asks court to “change its mind”).
Consequently, we dismiss in part and affirm in part. Ballard’s
Petition for Hearing En Banc is denied. 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 IN PART AND AFFIRMED IN PART
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