UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6366
TOMMY HARRIS,
Plaintiff - Appellant,
versus
PIGGLY WIGGLY, INCORPORATED; CITY OF
GREENWOOD; LEE COUNTY DEPARTMENT OF
CORRECTIONS; MENTAL HEALTH,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Terry L. Wooten, District Judge.
(CA-04-23022-TLW)
Submitted: June 23, 2005 Decided: June 30, 2005
Before WIDENER, MICHAEL, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tommy Harris, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tommy Harris seeks to appeal the district court’s order
dismissing without prejudice his 42 U.S.C. § 1983 (2000) complaint.
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 judgment was entered on the docket
on December 20, 2004. The notice of appeal was filed on February,
28, 2005.* Because Harris 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
*
For the purposes of this appeal, we assume the date appearing
on the notice of appeal is the earliest date it could have been
properly delivered to prison officials for mailing to the court. See
Fed. R. App. P. 4(c); 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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