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

Roebuck v. Warden of Leiber

Roebuck v. Warden of Leiber
U.S. Court of Appeals for the Fourth Circuit · Decided September 5, 2006 · Williams, Duncan, Hamilton
197 F. App'x 270

Roebuck v. Warden of Leiber

Opinion

PER CURIAM:

Melvin Roebuck seeks to appeal the district court’s order granting the state’s motion for summary judgment and dismissing Roebuck’s 28 U.S.C. § 2254 (2000) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

*271 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 September 19, 2005. The notice of appeal was filed on March 27, 2006. Because Roebuck 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 in the materials before the court and argument would not aid the decisional process.

DISMISSED.

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