Filed: Jul. 29, 2004
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1164 SYED H. (NAYYAR) ZAIDI, Plaintiff - Appellant, versus MARK T. CROSSLAND, P.C.; GORDON P. PEYTON, Esquire, Defendants - Appellees. No. 04-1219 SYED H. (NAYYAR) ZAIDI, Plaintiff - Appellee, versus GORDON P. PEYTON, Esquire, Defendant - Appellant, and MARK T. CROSSLAND, P.C., Defendant. Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1164 SYED H. (NAYYAR) ZAIDI, Plaintiff - Appellant, versus MARK T. CROSSLAND, P.C.; GORDON P. PEYTON, Esquire, Defendants - Appellees. No. 04-1219 SYED H. (NAYYAR) ZAIDI, Plaintiff - Appellee, versus GORDON P. PEYTON, Esquire, Defendant - Appellant, and MARK T. CROSSLAND, P.C., Defendant. Appeals from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-1164
SYED H. (NAYYAR) ZAIDI,
Plaintiff - Appellant,
versus
MARK T. CROSSLAND, P.C.; GORDON P. PEYTON,
Esquire,
Defendants - Appellees.
No. 04-1219
SYED H. (NAYYAR) ZAIDI,
Plaintiff - Appellee,
versus
GORDON P. PEYTON, Esquire,
Defendant - Appellant,
and
MARK T. CROSSLAND, P.C.,
Defendant.
Appeals from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CA-03-1186-A)
Submitted: June 25, 2004 Decided: July 29, 2004
Before WILKINSON and LUTTIG, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
No. 04-1164, dismissed in part, affirmed in part and No. 04-1219,
dismissed by unpublished per curiam opinion.
Syed H. (Nayyar) Zaidi, Appellant/Cross-appellee Pro Se. Daniel
Sean Schumack, SCHUMACK RYALS, P.L.L.C., Fairfax, Virginia, for
Appellee Crossland. Robert Emery Draim, David Drake Hudgins,
HUDGINS LAW FIRM, Alexandria, Virginia, for Appellee/Cross-
appellant Peyton.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
In No. 04-1164, Syed H. Zaidi seeks to appeal from the
district court’s orders of November 7, 2003, December 15, 2003, and
December 31, 2003, denying relief and reconsideration on Zaidi’s
civil action against Mark Thomas Crossland, P.C., and Gordon P.
Peyton, Esq. In No. 04-1219, Peyton cross-appeals, challenging the
district court’s order of November 7, 2003, as clarified by its
order of December 15, 2003, insofar as the district court denied
Peyton’s Fed. R. Civ. P. 11 motion for sanctions. Additionally,
Peyton asserts Zaidi’s appeal is frivolous, and moves for this
Court to impose damages and costs on Zaidi under Fed. R. App. P.
38.
In No. 04-1164, we dispose of Zaidi’s appeal as follows.
As to Zaidi’s appeal from the district court’s orders of November
7, 2003, and December 15, 2003, we dismiss Zaidi’s appeal as
untimely. In a civil case against a non-federal party, litigants
are accorded thirty days after the district court’s entry of a
final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1),
unless the district court extends the appeal period, Fed. R. App.
P. 4(a)(5), or reopens the appeal period. Fed. R. App. P. 4(a)(6).
The appeal period is mandatory and jurisdictional. Browder v.
Director, Dep’t of Corr.,
434 U.S. 257, 267 (1978) (quoting United
States v. Robinson,
361 U.S. 220, 229 (1960)). Expiration of the
time limits deprives the court of jurisdiction over the case.
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Hensley v. Chesapeake & O. Ry. Co.,
651 F.2d 226, 228 (4th Cir.
1981). Zaidi’s January 30, 2004, notice of appeal is untimely as
to the district court’s orders of November 7, 2003, and December
15, 2003. Accordingly, we dismiss Zaidi’s appeal from these orders
as untimely. As to Zaidi’s appeal from the district court’s order
of December 31, 2003, denying reconsideration, we have reviewed the
record and find no reversible error, and we therefore affirm the
district court’s order. See Zaidi v. Crossland, No. CA-03-1186-A
(E.D. Va. Dec. 31, 2003).
In No. 04-1219, we dispose of Peyton’s cross-appeal and
motion as follows. As to Peyton’s cross-appeal from the district
court’s order of November 7, 2003, as clarified by its order of
December 15, 2003, we dismiss Peyton’s cross-appeal as untimely.
Insofar as Zaidi’s January 30, 2004, notice of appeal is untimely
as to the district court’s orders of November 7, 2003, and December
15, 2003, Peyton’s February 13, 2004, notice of appeal, though
filed within fourteen days of Zaidi’s January 30, 2004, notice of
appeal, is also untimely as to the district court’s orders of
November 7, 2003, and December 15, 2003. Fed. R. App. P. 4(a)(3).
We deny Peyton’s motion for this Court to impose damages and costs
on Zaidi under Fed. R. App. P. 38.
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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.
No. 04-1164: DISMISSED IN PART; AFFIRMED IN PART
No. 04-1219: DISMISSED
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