UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-7985
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
ADDO JAYSON,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. William M. Nickerson, District Judge.
(CR-92-261-WMN, CA-01-1822-WMN)
Submitted: March 21, 2002 Decided: April 2, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Addo Jayson, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Addo Jayson seeks to appeal the district court’s order denying
his motion filed under 28 U.S.C.A. § 2255 (West Supp. 2001). We
dismiss the appeal for lack of jurisdiction because Jayson’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 June
28, 2001. Jayson’s notice of appeal was filed at the earliest on
November 11, 2001. Because Jayson 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
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