Ellis v. Kitchin ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-7815
    RONNIE JUNIOR ELLIS,
    Plaintiff - Appellant,
    versus
    PAUL KITCHIN, Dentist at R.R.J., Stafford, VA;
    DOCTOR MARIETTA, Primary Physician of R.R.J.,
    Defendants - Appellees.
    Appeal from the United States District Court for the Eastern
    District of Virginia, at Norfolk. Walter D. Kelley, Jr., District
    Judge. (2:06-cv-00131-WDK)
    Submitted:   December 21, 2006            Decided:   January 5, 2007
    Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Ronnie Junior Ellis, Appellant Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Ronnie Junior Ellis seeks to appeal the district court’s
    order dismissing his complaint without prejudice.    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
    June 30, 2006.   The notice of appeal was filed on October 25, 2006.
    Because Ellis 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
    - 2 -
    

Document Info

Docket Number: 06-7815

Judges: Niemeyer, Williams, King

Filed Date: 1/5/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024