Richard Jasmin v. NELNET/Intuition/BGI Services

Filing 920100223

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-1877 RICHARD J. JASMIN, Plaintiff - Appellant, v. NELNET/INTUITION/BGI SERVICES DEPARTMENT OF EDUCATION, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Lynchburg. Norman K. Moon, District Judge. (6:09-cv-00022-nkm) Submitted: February 18, 2010 Decided: February 23, 2010 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Richard J. Jasmin, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Richard J. Jasmin seeks to appeal the district court's order dismissing his complaint filed pursuant to the Fair Debt Collection Practices Act. 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). is "mandatory and jurisdictional." Corr., 434 U.S. 257, 264 (1978) This appeal period Browder v. Dir., Dep't of (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). The district court's order was entered on the docket on April 17, 2009. 2009. The notice of appeal was filed on August 4, Because Jasmin failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. DISMISSED 2

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