Malcolm Wright, a/k/a Malcolm Y. Azariah v. Charles W. McCurry

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-6972
MALCOLM WRIGHT, a/k/a Malcolm Y. Azariah,
Plaintiff - Appellant,
v.
CHARLES W. MCCURRY; JOHN DOE, #1; ROBERT UHREN, M.D.;
MCCLELLEN, (first name unknown); CAPELUPPO, (first name
unknown),
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville. Graham C. Mullen, Senior
District Judge. (1:06-cv-00206-GCM)
Submitted: July 22, 2008 Decided: July 28, 2008
Before WILKINSON, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Malcolm Wright, Appellant Pro Se. Elizabeth F. Parsons, Assistant
Attorney General, Raleigh, North Carolina; Elizabeth Pharr
McCullough, YOUNG, MOORE & HENDERSON, PA, Raleigh, North Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

* For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to the
court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
- 2 -
PER CURIAM:
Malcolm Wright seeks to appeal the district court’s order
dismissing his 42 U.S.C. § 1983 (2000) 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
May 18, 2007. The notice of appeal was filed on May 28, 2008. *
Because Wright failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we dismiss
the appeal. We deny Wright’s motion for appointment of counsel.
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 --