UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-6100
MARVIN TROY BUTLER,
Plaintiff - Appellant,
versus
ALEXANDRIA POLICE DEPARTMENT,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. Raymond A. Jackson, District
Judge. (CA-01-864-2)
Submitted: March 21, 2002 Decided: April 1, 2002
Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Marvin Troy Butler, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Marvin Troy Butler seeks to appeal the district court’s order
denying relief on his 42 U.S.C. § 1983 (West Supp. 2001) complaint.
We dismiss the appeal for lack of jurisdiction because Butler’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
November 27, 2001. Butler’s notice of appeal was filed on January
11, 2002. Because Butler 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