Hodge v. Giant Food Inc.

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 03-1402

CHANT’E N. HODGE; HAROLD HODGE,

Plaintiffs - Appellants,

versus

GIANT FOOD INCORPORATED; GIANT CALIFORNIA
MARYLAND STORE; DICK BAIRD; ROSE CALYG, of
California Store; GREG HILLIARD; MIKE
KUBISIAH,

Defendants - Appellees.

Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA-
03-106)

Submitted: August 6, 2003 Decided: November 20, 2003

Before WIDENER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Chant’e N. Hodge, Harold Hodge, Appellants Pro Se. Connie Nora
Bertram, Patricia A. Exposito, VENABLE, BAETJER, HOWARD &
CIVILETTI, L.L.P., Washington, D.C., for Appellees.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Appellants, Chant’e N. Hodge and Harold Hodge, appeal the

district court’s order dismissing their civil action. Appellants

failed to file a notice of appeal within the prescribed thirty-day

period following final entry of the district court’s order. See

Fed. R. App. P. 4(a)(1)(A). Although the district court’s order

was entered on February 26, 2003, the Appellants did not file a

notice of appeal until March 31, 2003, three days past the

expiration of the appeal period. Moreover, the Appellants did not

file for an extension of time of the appeal period under Federal

Rule of Appellate Procedure 4(a)(5) or to reopen the appeal period

under Federal Rule of Appellate Procedure 4(a)(6). Because timely

filing of a notice of appeal is mandatory and jurisdictional, see

Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264 (1973), we

lack jurisdiction to entertain the appeal. Accordingly, we dismiss

the appeal on this ground. 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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