Orlando C. Lee, Sr. v. Federal Bureau of Investigation; United States Department of Justice

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1505
ORLANDO C. LEE, SR.,
Plaintiff - Appellant,
v.
FEDERAL BUREAU OF INVESTIGATION; UNITED STATES DEPARTMENT OF
JUSTICE,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Frank D. Whitney,
District Judge. (3:08-cv-00437-FDW-DCK)
Submitted: August 26, 2009 Decided: September 1, 2009
Before TRAXLER, Chief Judge, and GREGORY and SHEDD, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Orlando C. Lee, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Orlando C. Lee, Sr., seeks to appeal the district
court’s order summarily dismissing Lee’s complaint pursuant to
28 U.S.C. § 1915(e)(2)(B) (2006). We dismiss the appeal for
lack of jurisdiction because the notice of appeal was not timely
filed.
When the United States or its officer or agency is a
party, the notice of appeal must be filed no more than sixty
days after the entry of the district court’s final judgment or
order, Fed. R. App. P. 4(a)(1)(B), 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)); see Bowles v.
Russell, 551 U.S. 205, ___, 127 S. Ct. 2360, 2366 (2007).
The district court’s order was entered on its docket
on January 8, 2009. The notice of appeal was filed on May 1,
2009. Because Lee 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
2

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3
materials before the court and argument would not aid the
decisional process.
DISMISSED

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