Banks v. Virginia International Terminals

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1956
WILLIAM NICHOLAS BANKS, JR.,
Plaintiff - Appellant,
versus
VIRGINIA INTERNATIONAL TERMINALS,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:06-cv-00138-RBS)
Submitted: March 30, 2007 Decided: April 19, 2007
Before MICHAEL, SHEDD, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Nicholas Banks, Jr., Appellant Pro Se. John Morgan Ryan,
VANDERVENTER & BLACK, LLP, Norfolk, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Nicholas Banks, Jr., seeks to appeal the district
court’s orders dismissing his complaint and imposing a prefiling
injunction. 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 final order was entered on the
docket on June 29, 2006. The notice of appeal was filed on August
29, 2006. Because Banks failed to file a timely notice of appeal
or obtain an extension or reopening of the appeal period, we
dismiss the appeal. We deny Banks’ motion for appointment of
appellate counsel and 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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