United States v. Taylor

31 F. App'x 264

• Court: Court of Appeals for the Fourth Circuit
• Decided: March 27, 2002
• Docket: 01-7648
• Status: Unpublished

Opinion

PER CURIAM.

James Darren Taylor seeks to appeal the district court’s order denying his 28 U.S.C.A. § 2255 motion (West Supp.2001). We dismiss the appeal for lack of jurisdiction because Appellant’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, 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 June 26, 2001. Appellant’s notice of appeal was filed on September 17, 2001. Because Appellant 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.