UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7902
MICHAEL MCEVILY,
Plaintiff - Appellant,
versus
OFFICER KEATON; OFFICER HUMPHRIES; JANE DOE,
a/k/a Miss Sue,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Henry C. Morgan, Jr., District
Judge. (CA-01-279)
Submitted: February 21, 2002 Decided: March 6, 2002
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael McEvily, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Michael McEvily seeks to appeal the district court’s order
dismissing his 42 U.S.C.A. § 1983 (West Supp. 2001) complaint. We
dismiss the appeal for lack of jurisdiction because McEvily’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 Sep-
tember 17, 2001. Giving him the benefit of Fed. R. App. P. 4(c)
and Houston v. Lack, 487 U.S. 266 (1988), McEvily’s notice of
appeal was filed, at the earliest, on October 28, 2001. Because
McEvily 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 conten-
tions are adequately presented in the materials before the court
and argument would not aid the decisional process.
DISMISSED
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