United States v. Carter

41 F. App'x 666

Opinion

PER CURIAM.

Marvin Lewis Carter seeks to appeal the district court’s order dismissing his 28 U.S.C.A. § 2255 (West Supp.2001) motion as successive. We dismiss the appeal for lack of jurisdiction because Carter’s notice of appeal was not timely filed.

Parties are accorded sixty days after the entry of the district court’s final judgment or order to note an appeal when the United States is a party, 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, 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 December 17, 2001. Carter’s notice of appeal was filed on April 26, 2002. Because Carter 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.