U.S. Court of Appeals for the Fourth Circuit, 2008

Richardson v. Wilson

Richardson v. Wilson
U.S. Court of Appeals for the Fourth Circuit · Decided June 24, 2008 · Wilkinson, Niemeyer, Michael
282 F. App'x 234

Richardson v. Wilson

Opinion

PER CURIAM:

Charlie L. Richardson seeks to appeal the district court’s order denying his post-judgment motions following the denial of relief on his 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 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. RApp. P. 4(a)(5), or reopens the appeal period under Fed. RApp. 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 18, 2008. The notice of appeal was filed on April 18, 2008. Because Richardson 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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