Bruce L. McNeil v. Director, Dep’t of Corrections, 434 U.S. 257, 264 1978 quoting United States v.…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1171
BRUCE L. MCNEIL,
Plaintiff - Appellant,
versus
STATE OF NORTH CAROLINA, Department of
Transportation,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, Chief Dis-
trict Judge. (CA-00-886-5-BO)
Submitted: May 17, 2001 Decided: May 23, 2001
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Bruce L. McNeil, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Bruce L. McNeil seeks to appeal the district court’s order
dismissing his suit. We dismiss the appeal for lack of jurisdic-
tion because McNeil’s notice of appeal was not timely filed.
Parties are accorded thirty days after entry of the district
court’s final judgment or order to note an appeal, see Fed. R. App.
P. 4(a)(1), 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. Director, Dep’t of Corrections, 434
U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S.
220, 229 (1960)).
The district court’s order was entered on the docket on
December 27, 2000. McNeil’s notice of appeal was filed on Janu-
ary 29, 2001. Because McNeil 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-
terials before the court and argument would not aid the decisional
process.
DISMISSED

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