Filed: Aug. 03, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1248 MARK ANTHONY ESPOSITO, Plaintiff - Appellant, and AMERICA ONLINE LATINO, Plaintiff, versus VERISIGN, INCORPORATED; NETWORK SOLUTIONS, INCORPORATED, Defendants - Appellees, and AMERICA ONLINE, INCORPORATED; DOTSTER, INCORPORATED; INKTOMI CORPORATION, Defendants. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis III, District Judge. (CA-03-362-A) Submitted: July
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1248 MARK ANTHONY ESPOSITO, Plaintiff - Appellant, and AMERICA ONLINE LATINO, Plaintiff, versus VERISIGN, INCORPORATED; NETWORK SOLUTIONS, INCORPORATED, Defendants - Appellees, and AMERICA ONLINE, INCORPORATED; DOTSTER, INCORPORATED; INKTOMI CORPORATION, Defendants. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis III, District Judge. (CA-03-362-A) Submitted: July ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1248
MARK ANTHONY ESPOSITO,
Plaintiff - Appellant,
and
AMERICA ONLINE LATINO,
Plaintiff,
versus
VERISIGN, INCORPORATED; NETWORK SOLUTIONS,
INCORPORATED,
Defendants - Appellees,
and
AMERICA ONLINE, INCORPORATED; DOTSTER,
INCORPORATED; INKTOMI CORPORATION,
Defendants.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis III, District
Judge. (CA-03-362-A)
Submitted: July 29, 2004 Decided: August 3, 2004
Before LUTTIG, MICHAEL, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mark Anthony Esposito, Appellant Pro Se. Shari Claire Lewis,
RIVKIN RADLER, L.L.P., Uniondale, New York; Timothy Brooks Hyland,
LEFFLER, HYLAND, P.C., Fairfax, Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Mark Anthony Esposito seeks to appeal the district
court’s order permanently enjoining him from utilizing a web name
likely to confuse the public. 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 filed on August 1, 2003,
and entered on the docket on August 7, 2003.* The notice of appeal
was filed on February 24, 2004. Because Esposito 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
*
Esposito does not challenge on appeal the district court’s
contempt order, which was filed January 22, 2004, and entered
January 23, 2004.
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