Ford v. Lake View City Municipal Court

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7311 ROSSIE C. FORD, JR., Petitioner - Appellant, versus LAKE VIEW CITY MUNICIPAL COURT; FOURTH CIRCUIT SOLICITORS; COMMON PLEAS COURT CLERK AND COURT REPORTERS; ATTORNEY GENERAL OF SOUTH CAROLINA, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Columbia. G. Ross Anderson, Jr., District Judge. (CA-99-1249-3-13-BC) Submitted: December 16, 1999 Decided: December 30, 1999 Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Cir- cuit Judge. Dismissed by unpublished per curiam opinion. Rossie C. Ford, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Rossie C. Ford, Jr., seeks to appeal from the district court’s order dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C.A. § 2254 (West 1994 & Supp. 1999). We dismiss the ap- peal for lack of jurisdiction, because Ford’s notice of appeal was not timely filed. Parties are accorded thirty days after the entry of the dis- trict 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 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). The district court’s order was entered on the docket on July 21, 1999. Ford’s notice of appeal was postmarked September 21 and filed on September 22, 1999. Because Ford failed to file a timely notice of appeal or to obtain an extension or reopening of the ap- peal 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 2