Price v. Runyon

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-1097 MICHAEL PRICE, Plaintiff - Appellant, versus MARVIN RUNYON, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. J. Frederick Motz, Chief District Judge. (CA-96-2189-JFM) Submitted: April 13, 2000 Decided: April 20, 2000 Before WIDENER and WILKINS, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Michael Price, Appellant Pro Se. Lynne Ann Battaglia, United States Attorney, Allen F. Loucks, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Michael Price seeks to appeal the district court’s order granting summary judgment to the appellee on Price’s employment discrimination claim. We dismiss the appeal for lack of juris- diction because Price’s notice of appeal was not timely filed. When an officer or agency of the United States is a party, parties are accorded sixty days after 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 jurisdic- tional.” 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 January 22, 1999. Price’s notice of appeal was filed on January 14, 2000. Because Price 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 mate- rials before the court and argument would not aid the decisional process. DISMISSED 2