UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1905
BRENDA C. ARMSTEAD,
Plaintiff - Appellant,
versus
JERRY WHITMORE,
Defendant - Appellee.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. William L. Osteen, District
Judge. (CA-02-1098-1)
Submitted: September 30, 2003 Decided: October 7, 2003
Before WILKINSON, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Brenda C. Armstead, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Brenda C. Armstead seeks to appeal the district court’s order
adopting the order of the magistrate judge denying her request to
proceed in forma pauperis and dismissing her civil complaint. 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 May
28, 2003. The notice of appeal was filed on July 21, 2003. Because
Armstead failed to file a timely notice of appeal or to obtain an
extension or reopening of the appeal period, we deny her motion for
leave to proceed in forma pauperis 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
2