Paul Graham 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UNPUBLISHED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. 06-7772
PAUL GRAHAM,
Plaintiff - Appellant,
versus
LARRY WRIGHT,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, District Judge.
(1:06-cv-01297-JFM)
Submitted: February 15, 2007 Decided: February 23, 2007
Before NIEMEYER, KING, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Paul Graham, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

-- 1 of 2 --

- 2 -
PER CURIAM:
Paul Graham 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
July 18, 2006. The notice of appeal was filed on October 16, 2006.
Because Graham 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 --