UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-7746
LUIS J. VALENCIA,
Petitioner - Appellant,
versus
W. F. DALIUS, Warden, LSCI Butner,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle, Chief
District Judge. (CA-02-381-5)
Submitted: January 30, 2003 Decided: February 5, 2003
Before WIDENER, NIEMEYER, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Luis J. Valencia, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Luis J. Valencia seeks to appeal the district court’s order
dismissing his petition for a writ of habeas corpus filed pursuant
to 28 U.S.C. § 2241 (2000). We dismiss the appeal for lack of
jurisdiction because the notice of appeal was not timely filed.
When the United States or its officer or agency is a party,
the notice of appeal must be filed no more than sixty days after
the entry of the district court’s final judgment or order, Fed. R.
App. P. 4(a)(1)(B), 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 July
5, 2002. Giving Valencia the benefit of Fed. R. App. P. 4(c), the
notice of appeal was executed on September 4, 2002, one day beyond
the expiration of the appeal period. Because Valencia 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