Isaac Gilford v. Lack, 487 U.S. 266 1988 . 2 PER CURIAM: Isaac Gilford seeks to appeal the district…

00-6535Court of Appeals for the Fourth Circuit28 sept. 2000

Texte intégral

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-6535
ISAAC GILFORD,
Plaintiff - Appellant,
versus
PARRIS GLENDENING; ATTORNEY GENERAL FOR THE
STATE OF MARYLAND; LLOYD L. WATERS, Warden,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA-
00-574-S)
Submitted: September 21, 2000 Decided: September 28, 2000
Before WILKINS, NIEMEYER, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Isaac Gilford, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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* For the purpose of this appeal we assume that the date
stamped on the envelope used to mail the notice of appeal is the
date it was given to prison officials for mailing. See Fed. R.
App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
2
PER CURIAM:
Isaac Gilford seeks to appeal the district court’s order dis-
missing his 42 U.S.C.A. § 1983 (West Supp. 2000) action. We dis-
miss the appeal for lack of jurisdiction because Appellant’s 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, 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 “man-
datory and jurisdictional.” Browder v. Director, Dep’t of Correc-
tions, 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 March
3, 2000. Gilford’s notice of appeal was filed on April 10, 2000. *
Because Gilford failed to file a timely notice of appeal or to ob-
tain 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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