Nancy Starr v. Commonwealth of Virginia

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:11-cv-00003-jpj-pms Copies to all parties and the district court/agency. [998669600]. Mailed to: Nancy A. Starr. [11-1310]

Appeal: 11-1310

Document: 8

Date Filed: 09/02/2011

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1310
NANCY A. STARR,
Plaintiff – Appellant,
v.
COMMONWEALTH OF VIRGINIA;
JOSEPH LYLE, Trustee,

DEPARTMENT

OF

TRANSPORTATION;

Defendants – Appellees.

Appeal from the United States District Court for the Western
District of Virginia, at Abingdon.
James P. Jones, District
Judge. (1:11-cv-00003-jpj-pms)
Submitted:

August 17, 2011

Decided:

September 2, 2011

Before NIEMEYER, DUNCAN, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Nancy A. Starr, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-1310

Document: 8

Date Filed: 09/02/2011

Page: 2 of 3

PER CURIAM:
Nancy A. Starr seeks to appeal the district court’s
order dismissing her complaint against the Virginia Department
of Transportation and other defendants as barred by sovereign
immunity and res judicata.

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).

The appeal period

is tolled when a party timely files any of the motions listed in
Fed. R. App. 4(a)(4).

“[T]he timely filing of a notice of

appeal in a civil case is a jurisdictional requirement.”

Bowles

v. Russell, 551 U.S. 205, 214 (2007).
The district court’s order was entered on the docket
on January 19, 2011.
30, 2011.

The notice of appeal was filed on March

Although Starr filed a motion to reconsider and a

motion for relief from judgment, these motions did not toll the
period for filing a notice of appeal because they were not filed
within

twenty-eight

59(e), 60(c)(1).

days

of

judgment.

See

Fed.

R.

Civ.

P.

Because Starr failed to file a timely notice

of appeal or to obtain an extension or reopening of the appeal

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Appeal: 11-1310

Document: 8

Date Filed: 09/02/2011

period, we dismiss the appeal.*

Page: 3 of 3

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

*

To the extent that Starr may have intended the notice of
appeal to apply to the district court’s denial of her motions to
reconsider or for relief from judgment, such an appeal would be
timely; however, the district court did not abuse its discretion
in denying these motions.
See Heyman v. M. L. Mktg. Co., 116
F.3d 91, 94 (4th Cir. 1997) (standard of review for denial of
Rule 60(b) motion).

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