UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1057
REEDIE J. WARD,
Plaintiff - Appellant,
versus
UNITED STATES OF AMERICA,
Defendant - Appellee.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Parkersburg. Joseph Robert Goodwin,
District Judge. (CA-98-886-6)
Submitted: February 22, 2001 Decided: March 1, 2001
Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Reedie J. Ward, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Reedie J. Ward seeks to appeal the district court’s order de-
nying his motion for relief from a previous order denying his
motion filed under 28 U.S.C.A. § 2255 (West Supp. 2000). We dis-
miss the appeal for lack of jurisdiction because Ward’s notice of
appeal was not timely filed.
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
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
5, 2000. Ward’s notice of appeal was filed on December 27, 2000.
Because Ward 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 materials before the
court and argument would not aid the decisional process.
DISMISSED
2