Wyatt v. Walker

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 04-1116 WILLIAM H. WYATT, JR., Plaintiff - Appellant, versus MS. WALKER; KAMALA B. WILSON, Individually and in their capacity as employees of Paul Bland; PAUL BLAND, Individually and in his capacity as an attorney, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Robert E. Payne, District Judge. (CA-03-922) Submitted: May 27, 2004 Decided: June 3, 2004 Before WIDENER, MICHAEL, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. William H. Wyatt, Jr., Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: William H. Wyatt, Jr., 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)). The district court’s order was entered on the docket on December 19, 2003. The notice of appeal was filed on January 21, 2004. Because Wyatt failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny Wyatt’s motion 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 -