Collier v. North Carolina Department of Correction
Opinion
Eric Erwin Collier seeks to appeal the district court’s order denying relief under § 2254. We dismiss the appeal for lack of jurisdiction because Collier’s notice of appeal was not timely filed.
*122 Parties are accorded thirty days after entry of the district court’s final judgment or order to note an appeal, see Fed.R.App .P. 4(a)(1), 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 Corrections, 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).
The district court’s order was entered on the docket on March 29, 2000. Collier’s notice of appeal was filed on July 25, 2000. Because Collier 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.
Reference
- Full Case Name
- Eric Erwin COLLIER, Petitioner-Appellant, v. NORTH CAROLINA DEPARTMENT OF CORRECTION; Attorney General of North Carolina, Respondents-Appellees
- Status
- Unpublished