Filed: May 23, 2001
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6046 GARY F. REDEMANN, Plaintiff - Appellant, versus THOMAS CORCORAN, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-00- 2415-MJG) Submitted: May 3, 2001 Decided: May 23, 2001 Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Gary F. Redemann, Appellant Pro Se. John Joseph Cur
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-6046 GARY F. REDEMANN, Plaintiff - Appellant, versus THOMAS CORCORAN, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-00- 2415-MJG) Submitted: May 3, 2001 Decided: May 23, 2001 Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Gary F. Redemann, Appellant Pro Se. John Joseph Curr..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6046
GARY F. REDEMANN,
Plaintiff - Appellant,
versus
THOMAS CORCORAN,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-00-
2415-MJG)
Submitted: May 3, 2001 Decided: May 23, 2001
Before NIEMEYER, WILLIAMS, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Gary F. Redemann, Appellant Pro Se. John Joseph Curran, Jr., At-
torney General, David Phelps Kennedy, OFFICE OF THE ATTORNEY
GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gary Redemann seeks to appeal the district court’s order
granting Corcoran’s motion for summary judgment on Redemann’s 42
U.S.C.A. § 1983 (West 1994 & Supp. 2000) claim. We dismiss the
appeal for lack of jurisdiction because Redemann’s notice of appeal
was not timely filed.
In civil actions in which the United States is not a party,
litigants are accorded thirty days after the entry of the district
court’s final judgment or order to note an appeal, see Fed. R. App.
P. 4(a)(1), 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 Corrections,
434
U.S. 257, 264 (1978)(quoting United States v. Robinson,
361 U.S.
220, 229 (1960)).
The district court’s order granting summary judgment was
entered on the docket on October 20, 2000. Redemann’s notice of
appeal was dated on December 28, 2000, and filed January 3, 2001.
Because Redemann 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
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