Filed: Mar. 13, 2003
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-2376 ELIZABETH D. LINEN, Plaintiff - Appellant, versus AMERICAN FAMILY PUBLISHERS; STEPHEN FRANCIS, CEO; ED MCMAHON; DICK CLARK; BOOK COMPANIES; OTHER SPONSORS; MAGAZINE COMPANIES; DEBORAH M. YOUNG, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (CA-02-2025-2-23) Submitted: March 6, 2003 Decided: March 13, 2003 Be
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-2376 ELIZABETH D. LINEN, Plaintiff - Appellant, versus AMERICAN FAMILY PUBLISHERS; STEPHEN FRANCIS, CEO; ED MCMAHON; DICK CLARK; BOOK COMPANIES; OTHER SPONSORS; MAGAZINE COMPANIES; DEBORAH M. YOUNG, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (CA-02-2025-2-23) Submitted: March 6, 2003 Decided: March 13, 2003 Bef..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-2376
ELIZABETH D. LINEN,
Plaintiff - Appellant,
versus
AMERICAN FAMILY PUBLISHERS; STEPHEN FRANCIS,
CEO; ED MCMAHON; DICK CLARK; BOOK COMPANIES;
OTHER SPONSORS; MAGAZINE COMPANIES; DEBORAH M.
YOUNG,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Charleston. Patrick Michael Duffy, District
Judge. (CA-02-2025-2-23)
Submitted: March 6, 2003 Decided: March 13, 2003
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Elizabeth D. Linen, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Elizabeth D. Linen seeks to appeal the district court’s order
denying her Fed. R. Civ. P 60(b) motion. 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. Director, 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
October 8, 2002. The notice of appeal was filed on November 18,
2002. Because Linen failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we dismiss
the appeal. We deny Linen’s motion for default judgment, 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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