UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6513
MARVIN L. SMITH,
Plaintiff - Appellant,
versus
CHARLESTON POLICE DEPARTMENT; CIVIL SERVICE
COMMISSIONER FOR CHARLESTON POLICE DEPARTMENT,
Defendants - Appellees.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Charleston. Joseph Robert Goodwin, Dis-
trict Judge. (CA-00-13-2)
Submitted: May 17, 2001 Decided: May 29, 2001
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marvin L. Smith, Appellant Pro Se. Gary Edward Pullin, Theresa
Marlene Kirk, PULLIN, KNOPF, FOWLER & FLANAGAN, Charleston, West
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marvin L. Smith seeks to appeal the district court’s order
dismissing his civil action filed under 42 U.S.C.A. § 1983 (West
Supp. 2000). We dismiss the appeal for lack of jurisdiction be-
cause Appellant’s notice of appeal was not timely filed.
Parties are accorded thirty 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 Corr., 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 June
21, 2000. Smith’s notice of appeal was filed on March 28, 2001.
Because Smith failed to file a timely notice of appeal or obtain an
extension or reopening of the appeal period, we dismiss the appeal.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
DISMISSED
2