Diann James v. Verizon , 458 F. App'x 262 ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1921
DIANN B. JAMES,
Plaintiff - Appellant,
v.
VERIZON; KENNA ASHLEY,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Alexander Williams, Jr., District
Judge. (8:09-cv-02136-AW)
Submitted: December 15, 2011 Decided: December 19, 2011
Before GREGORY, SHEDD, and DAVIS, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Diann B. James, Appellant Pro Se. Jessica Dorothy Fegan,
MCGUIREWOODS, LLP, Washington, D.C.; Amy Elizabeth Miller,
MCGUIREWOODS, LLP, McLean, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Diann B. James seeks to appeal the district court’s
order denying her motion to alter or amend its earlier grant of
summary judgment to Defendants. We have reviewed the record and
found no reversible error. Accordingly, we affirm for the
reasons stated by the district court. ∗ James v. Verizon, No.
8:09-cv-02136-AW (D. Md. Aug. 2, 2011). 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
∗
To the extent that James also challenges, in her informal
brief, the district court’s underlying grant of summary
judgment, the court lacks jurisdiction to consider those
arguments. Because the post-judgment motion was not timely
filed pursuant to Fed. R. Civ. P. 59(e), it did not toll James’
appeal period. Further, the district court did not extend or
reopen the appeal period. James’ notice of appeal was therefore
untimely as to the order granting summary judgment. See Fed. R.
App. P. 4(a)(1)(A) (notice of appeal in a civil case must be
filed within thirty days of judgment or order). An untimely
notice of appeal in a civil case divests this court of
jurisdiction over the appeal. Panhorst v. United States, 241
F.3d 367, 370 (4th Cir. 2001).
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