Friedline v. Warden, Sussex II State Prison

U.S. Court of Appeals for the Fourth Circuit
Friedline v. Warden, Sussex II State Prison, 117 F. App'x 892 (4th Cir. 2004)

Friedline v. Warden, Sussex II State Prison

Opinion

PER CURIAM.

Paul Allen Friedline seeks to appeal from the district court’s order denying relief on his petition filed under 28 U.S.C. § 2254 (2000). 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. Dir., Dep’t of Corr., 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, 2004. The notice of appeal was filed on August 24, 2004. Because Friedline 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 *893 in the materials before the court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
Paul Allen FRIEDLINE, Petitioner—Appellant, v. WARDEN, SUSSEX II STATE PRISON, Respondent—Appellee
Status
Unpublished