UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6467
HENRY CHRISTIAN OLSEN,
Petitioner - Appellant,
versus
RONALD J. ANGELONE,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-01-310-7)
Submitted: August 3, 2005 Decided: August 19, 2005
Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Henry Christian Olsen, Appellant Pro Se. Leah Ann Darron,
Assistant Attorney General, Richmond, Virginia, for Appellee
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Henry Christian Olsen seeks to appeal the district
court’s order adopting the recommendation of the magistrate judge
to deny his 28 U.S.C. § 2254 (2000) petition. 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
January 10, 2002. The notice of appeal was filed on March 14,
2005. Because Olsen failed to file a timely notice of appeal* or
to obtain an extension or reopening of the appeal period, we deny
a certificate of appealability and dismiss the appeal. We dispense
with oral argument because the facts and legal contentions are
*
In addition, we note that this appeal is barred by the
doctrine of res judicata, as a previous appeal of the same district
court order was previously dismissed. See Olsen v. Angelone, No.
02-6301 (4th Cir. May 29, 2002) (unpublished).
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adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
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