Ruck v. Tavenner , 194 Fed. Appx. 96 ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1554
LANCE E. RUCK; ROBERT A. CUSHING, JR.,
Creditors - Appellants,
and
KENNETH R. SMOOT,
Creditor,
versus
LYNN LEWIS TAVENNER, Trustee,
Trustee - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, Chief
District Judge. (3:05-cv-00482-JRS; BK-98-39531-DOT)
Submitted: July 26, 2006 Decided: August 10, 2006
Before WILKINSON and MICHAEL, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Lance E. Ruck, Robert A. Cushing, Jr., Appellants Pro Se.
Christopher Abram Jones, LECLAIR RYAN, P.C., Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Lance E. Ruck and Robert A. Cushing, Jr., seek to appeal
the district court’s order affirming the bankruptcy court’s order
denying their motion for payment of administrative expenses. 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
March 30, 2006. The notice of appeal was filed on May 4, 2006.
Because Ruck and Cushing 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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