Parker v. Director of Department of Corrections

U.S. Court of Appeals for the Fourth Circuit
Parker v. Director of Department of Corrections, 356 F. App'x 671 (4th Cir. 2009)

Parker v. Director of Department of Corrections

Opinion

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Samson M. Parker seeks to appeal the district court’s order denying Parker’s motion to reopen the time to file a notice of appeal. 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 August 6, 2009. The notice of appeal was filed on July 6, 2009. Because Parker 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 ma *672 terials before the court and argument would not aid the decisional process.

DISMISSED.

Reference

Full Case Name
Samson M. PARKER, Petitioner-Appellant, v. DIRECTOR OF DEPARTMENT OF CORRECTIONS, Respondent-Appellee
Status
Unpublished