U.S. Court of Appeals for the Fourth Circuit, 2007

Milliken v. NFN BWW

Milliken v. NFN BWW
U.S. Court of Appeals for the Fourth Circuit · Decided July 24, 2007 · Motz, Gregory, Wilkins
234 F. App'x 142

Milliken v. NFN BWW

Opinion

PER CURIAM:

Mary G. Milliken seeks to appeal the district court’s order accepting the recommendation of the magistrate judge and denying relief on her civil complaint. 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 judg *143 ment 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 judgment was entered on the docket on July 24, 2006. The notice of appeal was filed on March 13, 2007. Because Milliken 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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