UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-6999
GARCIA PENA REYO RAUL M. MONTERO,
Plaintiff - Appellant,
versus
WILLIAM JEFFERSON CLINTON,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Chief
District Judge. (CA-03-10-3-2-MU)
Submitted: September 11, 2003 Decided: September 24, 2003
Before WIDENER, LUTTIG, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Manuel Raul Montero, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Manuel Raul Montero seeks to appeal the district court’s order
denying relief on his 42 U.S.C. § 1983 (2000) complaint under 28
U.S.C. § 1915A(b) (2000). 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 in a civil case 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. Dir., 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 March
18, 2003. Giving Montero the benefit of Fed. R. App. P. 4(c), the
notice of appeal was filed on May 17, 2003. Because Montero 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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