Beruflich Dokumente
Kultur Dokumente
No. 12-6854
COMMONWEALTH OF VIRGINIA,
Plaintiff - Appellee,
v.
SIMON BANKS,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. James C. Cacheris, Senior
District Judge. (1:04-po-00248-JCC-1)
Submitted:
Decided:
PER CURIAM:
Simon Banks appeals from district court orders denying
his Fed. R. Civ. P. 60(b) motion and his Fed. R. Civ. P. 59
motion.
proceedings
Alexandria, Virginia.
from
the
Circuit
Court
for
the
City
of
docket for several years while Banks filed numerous motions and
notices.
why
the
action
should
not
be
dismissed
for
lack
of
both notices.
In the Circuit Court for the City of Alexandria, the
criminal
action
proceeded
despite
the
notice
of
removal
and
his sentence.
On
May
13,
2011,
after
period
of
inactivity
and
jurisdiction,
the
case
was
apparently
administratively
On March 8,
2012, Banks filed the Rule 60(b) motion seeking to reinstate the
2
seeking
motion.
reconsideration
of
the
denial
of
his
Rule
60
to
removal
is
showing
that
the
defendant
A
is
rights
stated
in
terms
of
racial
equality.
South
Carolina v. Moore, 447 F.2d 1067, 1070 (4th Cir. 1971) (internal
quotation marks omitted).
to
rare
situations
in
which
defendant
has
been
denied
or
If it appears
Roach v. West Va. Regl Jail & Corr. Facility Auth., 74 F.3d 46,
49 (4th Cir. 1996) (court has no discretion to dismiss a removed
case over which it has no subject matter jurisdiction).
Our review of the district courts record shows that
there was never an order entered on the docket sheet on May 13,
2011,
directing
Clearly,
this
that
was
an
the
case
error.
be
See
administratively
Fed.
R.
Crim.
P.
closed.
55
(the
enter in the records every court order or judgment and the date
of entry.); Fed. R. Civ. P. 79(2) (all orders must be entered
on the docket).
state
court
never
acted
as
if
the
criminal
action
was
Since the
After his
See
Central States, Se. & Sw. Areas Pension Fund v. Central Transp.,
Inc., 841 F.2d 92, 95-96 (4th Cir. 1988) (If there is no longer
a
case
or
controversy,
or
there
is
an
event
that
makes
it
Attorney
never
We deny
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and