Ellen Sherwin v. Director, Dep’t of Corr., 434 U.S. 257, 264 1978 quoting United States v. Robinson,…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-2237
ELLEN SHERWIN,
Plaintiff - Appellant,
versus
JAMES SWINDELL; ORLANDO HUDSON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (CA-01-63-3)
Submitted: July 25, 2002 Decided: July 31, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Ellen Sherwin, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Ellen Sherwin seeks to appeal the district court’s order
dismissing her civil complaint for improper venue. We dismiss the
appeal for lack of jurisdiction because Sherwin’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
“mandatory and jurisdictional.” Browder v. Director, 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
January 29, 2001. Sherwin’s notice of appeal was filed on Oct. 10,
2001. Because Sherwin 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

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