U.S. Court of Appeals for the Fourth Circuit, 2006

Walker v. Johnson

Walker v. Johnson
U.S. Court of Appeals for the Fourth Circuit · Decided July 26, 2006 · Widener, Wilkinson, Hamilton
196 F. App'x 177

Walker v. Johnson

Opinion

PER CURIAM:

Chauncey Laurent Walker, a state prisoner, seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. 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. RApp. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. RApp. 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, 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 judgment was entered on the docket on December 12, 2005. The notice of appeal, which Walker himself dated January 30, 2006, was late. Because Walker 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 deny Walker’s motion for a transcript at government expense. 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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