Armstead v. Whitmore

77 F. App'x 648

• Court: Court of Appeals for the Fourth Circuit
• Decided: October 7, 2003
• Docket: 03-1902
• Status: Unpublished

Opinion

PER CURIAM.

Brenda C. Armstead seeks to appeal the district court’s order adopting the order of the magistrate judge denying her request to proceed in forma pauperis and dismissing her civil 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. Director, Dep’t of Corr., 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).

The district court’s order was entered on the docket on May 28, 2003. The notice of appeal was filed on July 21, 2003. Because Armstead failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny her motion for leave to proceed in forma pauperis 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.