Johnson v. SunTrust Bank

• Court: Court of Appeals for the Fourth Circuit
• Decided: December 13, 2005
• Docket: 05-1558
• Status: Unpublished

Opinion

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 05-1558

TERENCE KEITH JOHNSON,

Plaintiff - Appellant,

versus

SUNTRUST BANK,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge. (CA-03-937-3)

Submitted: November 30, 2005 Decided: December 13, 2005

Before KING, SHEDD, and DUNCAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Terence Keith Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Terence Keith Johnson appeals the district court’s order

denying his motion to extend the time to file a notice of appeal.

Because the time periods governed by Rule 4 of the Federal Rules of

Appellate Procedure are “mandatory and jurisdictional,” Browder v.

Director, Dep’t of Corrections, 434 U.S. 257, 264 (1978), the

district court properly found that it was without jurisdiction to

grant the extension where more than sixty days had elapsed since

the entry of the final order. See Fed. R. App. P. 4(a)(l)(A). We

have reviewed the record and find no reversible error.

Accordingly, we affirm for the reasons stated by the district

court. See Johnson v. SunTrust Bank, No. CA-03-937-3 (E.D. Va.

May 19, 2005). 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.

AFFIRMED

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