UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 99-7333

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

PAMELA M. TURNER,

Defendant - Appellant.

Appeal from the United States District Court for the District of South Carolina, at Greenville. G. Ross Anderson, Jr., District Judge. (CR-94-238, CA-99-131-13-6)

Submitted: March 23, 2000 Decided: March 29, 2000

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Pamela M. Turner, Appellant Pro Se. Harold Watson Gowdy, III, OFFICE OF THE UNITED STATES ATTORNEY, Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM:

Pam Turner seeks to appeal the district court’s order granting

summary judgment against her in this action under

(West Supp. 1999). We dismiss the appeal for lack of juris-

diction because Turner’s notice of appeal was not timely filed.

Parties are accorded sixty days after entry of the district

court’s final judgment or order to note an appeal, see Fed. R. App.

P. 4(a)(1)(B), 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). The appeal period is “mandatory and

jurisdictional.” Browder v. Director, Dep’t of Corrections,

(1978) (quoting United States v. Robinson,

(1960)).

The district court’s order was entered on the docket on July

29, 1999. Turner’s notice of appeal was filed on September 29,

1999, sixty-two days later. Because Turner failed to file a timely

notice of appeal or to obtain an extension or reopening of the

appeal period, we deny a certificate of appealability and 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

2