UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-6577
JAMES ALBERT TAYLOR,
Petitioner - Appellant,
versus
STATE OF MARYLAND, in the Circuit for Calvert
County,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CA-
01-50-S)
Submitted: June 21, 2001 Decided: July 5, 2001
Before WIDENER and GREGORY, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Albert Taylor, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James Albert Taylor seeks to appeal the district court’s order
denying relief on his complaint filed under 42 U.S.C.A. § 1983
(West Supp. 2000), which the district court construed as a petition
for habeas corpus under 28 U.S.C. § 2241 (1994). We dismiss the
appeal for lack of jurisdiction because Taylor’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 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 16, 2001. Taylor’s notice of appeal was filed on March 27,
2001. Because Taylor 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
2