UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-6882
WILLIAM PAUL RAMEY, JR.,
Petitioner - Appellant,
versus
GENE JOHNSON, Director of the Virginia
Department of Corrections; TRACY RAY, Warden;
JERRY KILGORE, Attorney General of the State
of Virginia,
Respondents - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Jackson L. Kiser, Senior
District Judge. (CA-05-134-7)
Submitted: October 20, 2005 Decided: October 28, 2005
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Gary Gray Gilliam, Sr., GILLIAM LAW OFFICE, PC, Norton, Virginia,
for Appellant
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
William Paul Ramey, Jr., seeks to appeal the district
court’s order denying as untimely his petition filed under 28
U.S.C. § 2254 (2000). 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 judgment was entered on the docket
on May 3, 2005. The notice of appeal was filed on June 3, 2005.
Because Ramey 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
adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
- 2 -