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On Rehearing Unpublished
On Rehearing Unpublished
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2430
NEDRA CARR-STEPHENSON,
Plaintiff - Appellant,
v.
OFFICEMAX NORTH AMERICA, INC., OfficeMax Store #562,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Newport News.
Raymond A. Jackson,
District Judge. (4:13-cv-00075-RAJ-TEM)
Submitted:
Judge,
Decided:
and
HAMILTON
and
August 5, 2014
DAVIS,
Senior
PER CURIAM:
Nedra
order
granting
complaint.
raised
in
Carr-Stephenson
Defendants
appeals
motion
the
to
district
dismiss
courts
her
civil
Appellants
brief.
See
4th
Cir.
R.
34(b).
basis
for
forfeited
appellate
Accordingly,
dispense
the
we
with
contentions
are
district
review
affirm
oral
of
the
the
disposition,
courts
district
argument
adequately
courts
courts
because
presented
the
in
the
she
has
order.
Id.
judgment.
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
In an opinion issued on March 31, 2014, we dismissed CarrStephensons appeal for lack of jurisdiction on the ground that
her notice of appeal was untimely filed.
Carr-Stephenson then
filed a petition for en banc rehearing that persuades us she
timely filed a notice of appeal that did not appear in the
electronic record.
Accordingly, although we deny CarrStephensons petition for rehearing en banc, we grant panel
rehearing, and conclude that Carr-Stephenson did in fact file a
timely notice of appeal.
Accordingly, we vacate the prior
opinion and issue this opinion in its stead.