UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-1492
NATIONAL SATELLITE SPORTS, INCORPORATED,
Plaintiff - Appellee,
versus
MARK A. SMOOT,
Defendant - Appellant,
and
LTC, LLC, t/a Red Door Lounge,
Defendant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Alexander Harvey, II, Senior District
Judge. (CA-02-2616-AH)
Submitted: October 29, 2003 Decided: February 18, 2004
Before GREGORY and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mark A. Smoot, Appellant Pro Se. Aron Uri Raskas, KRAMON & GRAHAM,
Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
Mark A. Smoot seeks to appeal the district court’s entry
of default judgment. 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, see
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, 267 (1978) (quoting United States v. Robinson,
361 U.S. 220, 229 (1960)).
The district court’s order was entered on the docket on
January 15, 2003.* The Appellant’s notice of appeal was filed on
April 17, 2003. Because the Appellant failed to file a timely
notice of appeal, seek an extension of the appeal period, or seek
a reopening of the appeal period, we dismiss the appeal for lack of
jurisdiction. 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
*
The notice of appeal designates an order entered on March 14,
2003, but there is no such order in the record.
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