UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 02-2449
NAITIK D. PANWALA,
Plaintiff - Appellant,
versus
SOUTHEASTERN REGIONAL MEDICAL CENTER,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-01-189)
Submitted: April 24, 2003 Decided: May 1, 2003
Before NIEMEYER, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Naitik D. Panwala, Appellant Pro Se. James Bernard Spears, Jr.,
Jerry Howard Walters, Jr., HAYNSWORTH, BALDWIN, JOHNSON & GREAVES,
L.L.C., Charlotte, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Naitik D. Panwala seeks to appeal the district court’s order
granting his former employer, Southeastern Regional Medical Center,
summary judgment in his civil action. We dismiss the appeal for
lack of jurisdiction because the notice of appeal was not timely
filed.
Parties are accorded thirty days after the entry of the
district court’s final judgment or order to note an appeal, Fed. R.
App. P. 4(a)(1)(A), 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
November 8, 2002. The notice of appeal was filed on December 11,
2002. Because Panwala 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
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