UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-7535
JAMES A. FULLARD,
Plaintiff - Appellant,
versus
PARRIS N. GLENDENNING, Governor; MARTAIN
O'MALLEY; PATRICIA C. JESSAMY, District
Attorney; ALLEN L. SCHWAIT; RONALD WALKER,
Defense Attorney; JAMES V. PEGUESE, Warden,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge.
(CA-03-1979-CCB)
Submitted: January 29, 2004 Decided: February 6, 2004
Before WILKINSON, MICHAEL, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James A. Fullard, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
James A. Fullard seeks to appeal the district court’s
order dismissing his 42 U.S.C. § 1983 (2000) 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. Dir. Dep’t of Corr., 434 U.S. 257,
264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229
(1960)). Fullard was given an opportunity to provide grounds for
extending the appeal period, under Fed. R. App. P. 4(a)(5)(A), but
failed to do so.
The district court’s order was entered on the docket on
July 25, 2003. The notice of appeal was filed on September 23,
2003.* Because Fullard 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
*
This date was determined giving Fullard the benefit of the
Supreme Court’s decision in Houston v. Lack, 487 U.S. 266 (1988).
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materials before the court and argument would not aid the
decisional process.
DISMISSED
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