John Dickson, Jr. v. Correctional Officer Parker

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:10-cv-00134-RBS-DEM Copies to all parties and the district court/agency. [998601023]. Mailed to: John M. Dickson, Jr.. [10-2364]

Appeal: 10-2364

Document: 34

Date Filed: 05/31/2011

Page: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 10-2364

JOHN M. DICKSON, JR.,
Plaintiff - Appellant,
v.
CORRECTIONAL OFFICER PARKER; CORRECTIONAL OFFICER T. ELLIOT;
CORRECTIONAL OFFICER D. SMITH; CORRECTIONAL OFFICER E. GASTON;
CORRECTIONAL OFFICER S. PIERSON; CORRECTIONAL OFFICER NOVACK;
CORRECTIONAL OFFICER CHELSEA BRUNSON, Estate/Deceased; SERGEANT
S. WHITEHEAD; REGISTERED NURSE P. JOHNSON; REGISTERED NURSE
GAINEY; REGISTERED NURSE JANE DOE; NURSE PRACTITIONER RALPH
ALBASEAU; DOCTOR N. KOLONGO; CAPTAIN T. D. HATCHETT; CAPTAIN E.
TAYLOR; SERGEANT L. NICHOLS; CORRECTIONAL OFFICER K. EDMMONDS,
Defendants – Appellees.

Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Rebecca Beach Smith, District
Judge. (2:10-cv-00134-RBS-DEM)

Submitted:

May 26, 2011

Decided:

May 31, 2011

Before KING, SHEDD, and DIAZ, Circuit Judges.

Affirmed in part and dismissed in part by unpublished per curiam
opinion.

John M. Dickson, Jr., Appellant Pro Se.
Samuel Lawrence
Dumville, NORRIS, ST. CLAIR & LOTKIN, Virginia Beach, Virginia,
Kenneth Abrams, MCGUIREWOODS, LLP, Richmond, Virginia, for
Appellees.

Appeal: 10-2364

Document: 34

Date Filed: 05/31/2011

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Unpublished opinions are not binding precedent in this circuit.

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Date Filed: 05/31/2011

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PER CURIAM:
John M. Dickson, Jr., seeks to appeal the district
court’s orders denying relief on his 42 U.S.C. § 1983 (2006)
complaint and his subsequent motions for extension of time to
file a notice of appeal and for reconsideration under Fed. R.
Civ. P. 60(b).
of

the

Parties are accorded thirty days after the entry

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).
timely

filing

of

a

notice

of

jurisdictional requirement.”

appeal

in

a

civil

“[T]he

case

is

a

Bowles v. Russell, 551 U.S. 205,

214 (2007).
The district court’s order denying relief on Dickson’s
§ 1983 complaint was entered on November 2, 2010.
his

notice

failed

to

of

appeal

file

a

on

timely

December
notice

6,
of

2010.

Dickson filed

Because

appeal

or

to

Dickson

obtain

an

extension or reopening of the appeal period, we dismiss this
portion of the appeal for lack of jurisdiction.
With
Dickson’s

respect

motion

for

to

the

district

extension

of

time

court’s
to

file

order
a

denying

notice

of

appeal and his motion for reconsideration, Dickson’s notices of
appeal were timely filed.
no reversible error.

We have reviewed the record and find

Accordingly, we affirm for the reasons
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Appeal: 10-2364

Document: 34

Date Filed: 05/31/2011

stated by the district court.

Page: 4 of 4

Dickson v. Parker, No. 2:10—cv-

00134-RBS-DEM (E.D. Va. filed Feb. 1, 2011 & entered Feb. 2,
2011).
legal
before

We dispense with oral argument because the facts and
contentions
the

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.

AFFIRMED IN PART AND DISMISSED IN PART

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