06-1824 | 4th Cir. | Nov 17, 2006
Before WIDENER, WILKINSON, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Harry L. Green, Appellant Pro Se. Alfred Johnston Cox, ELLIS, LAWHORNE & SIMS, PA, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
PER CURIAM:
Harry Lee Green seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2000) action. 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). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)).
The district court’s judgment was entered on the docket on June 14, 2006, and Green filed his notice of appeal on July 17, 2006. Because Green has failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. 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
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