Antwan R. Jenkins v. Director, Dep’t of Corrections, 434 U.S. 257, 264 1978 quoting United States v.…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7384
ANTWAN R. JENKINS,
Petitioner - Appellant,
versus
RONALD ANGELONE, Director of Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Norfolk. Jerome B. Friedman, District Judge.
(CA-00-671)
Submitted: January 17, 2002 Decided: January 28, 2002
Before WILKINS and KING, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Antwan R. Jenkins, Appellant Pro Se. John H. McLees, Jr., OFFICE
OF THE ATTORNEY GENERAL, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Antwan R. Jenkins seeks to appeal the district court’s order
denying his 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) petition.
We dismiss the appeal for lack of jurisdiction because Jenkins’
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
10, 2001. Jenkins’ notice of appeal was filed on August 21, 2001.
Because Jenkins failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we 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 materials before the court and argument
would not aid the decisional process.
DISMISSED

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