Jimmie Wayne Joiner v. Dir., Dep’t of Corr., 434 U.S. 257, 264 1978 quoting United States v. Robinson, 361…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6199
JIMMIE WAYNE JOINER,
Plaintiff - Appellant,
versus
OLIN CORPORATION; COMMONWEALTH OF VIRGINIA;
STATE CORPORATION COMMISSION OF THE
COMMONWEALTH OF VIRGINIA,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Jerome B. Friedman, District
Judge. (CA-04-682-2)
Submitted: June 10, 2005 Decided: July 7, 2005
Before WILKINSON, WILLIAMS, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jimmie Wayne Joiner, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 2 --

- 2 -
PER CURIAM:
Jimmie Wayne Joiner seeks to appeal the district court’s
order dismissing his civil complaint. 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 (1978) (quoting United States v. Robinson, 361 U.S. 220,
229 (1960)).
The district court’s order was entered on the docket on
December 20, 2004. The notice of appeal can be deemed filed no
earlier than February 1, 2005, the date Joiner signed it. Because
Joiner 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

-- 2 of 2 --