Deborah G. Daniels v. Director, Dep’t of Corr., 434 U.S. 257, 264 1978 quoting United States v. Robinson,…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-1783
DEBORAH G. DANIELS,
Plaintiff - Appellant,
versus
JOHN E. POTTER, Postmaster General,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern. Malcolm J. Howard,
District Judge. (CA-04-44-4)
Submitted: January 26, 2006 Decided: January 30, 2006
Before LUTTIG, WILLIAMS, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Deborah G. Daniels, Appellant Pro Se. Rudolf A. Renfer, Jr.,
Assistant United States Attorney, Anne Margaret Hayes, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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*While Daniels filed a motion for extension of the appeal
period together with her notice of appeal, which motion technically
remains pending, said motion was filed beyond the time periods
jurisdictionally available to the district court pursuant to Fed.
R. App. P. 4(a)(5), 4(a)(6), such that remand is unnecessary.
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PER CURIAM:
Deborah G. Daniels seeks to appeal the district court’s
order dismissing her employment discrimination action. 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. Director, Dep’t of Corr., 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
November 3, 2004. The notice of appeal was filed on July 11, 2005.
Because Daniels 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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