U.S. Court of Appeals for the Fourth Circuit, 2005

Koon v. Condon

Koon v. Condon
U.S. Court of Appeals for the Fourth Circuit · Decided August 16, 2005 · Wilkinson, Michael, Gregory
141 F. App'x 163

Koon v. Condon

Opinion

PER CURIAM:

Robert Holland Koon seeks to appeal 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 *164 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 16, 2004. The notice of appeal was filed, at the earliest, on April 16, 2004. * Because Koon failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We further deny Koon’s motions for appointment of counsel. 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

*

On limited remand, the district court found that April 16, 2004, is the earliest date that Koon could have properly delivered the notice to prison officials for mailing to the court. See Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).

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