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146 F. App'x 647

Moore v. Crump

U.S. Courts of Appeals

Decided October 21, 2005

U.S. Courts of Appeals · decided 2005-10-21

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on In Re John Rodgers Burnley

Affirmed by unpublished PER CURIAM opinion · Decided 2005-10-21

PER CURIAM:

¶1 George Howard Moore, Jr. appeals the district court’s order denying his motion for reconsideration of the district court’s order dismissing his 42 U.S.C. § 1983 (2000) action. * We have reviewed the record and find no abuse of discretion or reversible error. Accordingly, we affirm on the reasoning of the district court. See Moore v. Crump, No. CA-03-406-2 (E.D.Va. filed Mar. 3, 2005; entered Mar. 4, 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.

¶2 AFFIRMED

*

¶3 Appellees contend Moore’s notice of appeal was untimely, “thus divesting this court of jurisdiction to review the matter.” Although we lack jurisdiction to review the district court's underlying order dismissing Moore’s action, because Moore’s notice of appeal was untimely as to that order, Moore's notice of appeal was timely as to the district court's final order denying his motion for reconsideration. See In re Burnley, 988 F.2d 1, 3 (4th Cir.1992).

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