Rocky Lee Staley v. Director, Dep’t of Corrections, 434 U.S. 257, 264 1978 quoting United States v.…

Panel rehearing granted and case
dismissed by unpublished order
filed 4/20/01
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7304
ROCKY LEE STALEY,
Petitioner - Appellant,
versus
JOYCE K. CONLEY, Warden,
Respondent - Appellee.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. P. Trevor Sharp, Magistrate
Judge. (CA-00-639)
Submitted: January 11, 2001 Decided: January 17, 2001
Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rocky Lee Staley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

2
PER CURIAM:
Rocky Lee Staley seeks to appeal the magistrate judge’s order
denying relief on his petition filed pursuant to 28 U.S.C.A. § 2254
(West 1994 & Supp. 2000). We dismiss the appeal for lack of juris-
diction because Staley’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 July
6, 2000. Staley’s notice of appeal was filed on September 8, 2000.
Because Staley failed to file a timely notice of appeal or to ob-
tain an extension or reopening of the appeal period, we deny leave
to proceed in forma pauperis, deny a certificate of appealability,
and dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED

-- 2 of 2 --