R.T. v. C.E.V.K.

Docket: Nos. 08-2107, 08-2110

Court: Court of Appeals for the Fourth Circuit; April 20, 2009; Federal Appellate Court

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Case No. 08-2107 is dismissed due to lack of jurisdiction because R.T. filed his notice of appeal well beyond the mandatory thirty-day period following the district court’s order, which was entered on May 8, 2008. R.T. attempted to appeal a dismissal of his 42 U.S.C. § 1983 action against the arbitrator, but the appeal was filed on September 25, 2008, exceeding the deadline and failing to meet any exceptions that could extend or reopen the appeal period.

In Case No. 08-2110, R.T. appeals the dismissal of his § 1983 and state law tort claims against the arbitrator. Upon review, the court found no reversible error and affirmed the district court’s order. The opinion is unpublished and thus not binding precedent in this circuit. Oral argument was deemed unnecessary as the issues were sufficiently clear from the written materials. 

Overall, No. 08-2107 is dismissed, and No. 08-2110 is affirmed.