Legg v. State of MD

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7506 WILLIAM ALLEN LEGG, Plaintiff - Appellant, versus THE STATE OF MARYLAND; HARFORD COUNTY GOVERNMENT; HARFORD COUNTY SHERIFF’S DEPARTMENT; JOHN WALKER, Warden, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA-03-1388-DKC) Submitted: April 29, 2004 Decided: May 3, 2004 Before LUTTIG, WILLIAMS, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. William Allen Legg, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: William Allen Legg seeks to appeal the district court’s order denying various post-judgment motions. 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 July 22, 2003. The notice of appeal was filed on September 16, 2003. Because Legg 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 - 2 -