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

Burts v. Greenville Clerk of Court

Burts v. Greenville Clerk of Court
U.S. Court of Appeals for the Fourth Circuit · Decided October 29, 2008 · Michael, Traxler, Duncan
299 F. App'x 261

Burts v. Greenville Clerk of Court

Opinion

PER CURIAM:

Antonio Burts seeks to appeal an unspecified order in his 42 U.S.C. § 1983 (2000) action. The district court issued its most recent decision on December 19, 2007, when it dismissed Burts’ action without prejudice for failure to prosecute and for noncompliance with court orders. * 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. 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 December 19, 2007. The notice of appeal was filed in July 2008. Because Burts 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.

*

Burts’ previous appeal from this order was timely but unsuccessful. See Burts v. Green-ville Clerk of Court, 275 Fed.Appx. 239 (4th Cir. 2008).

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