Williams v. Wells Fargo Home Mortgage, Inc.

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1637 ERICA WILLIAMS, Plaintiff - Appellant, versus WELLS FARGO HOME MORTGAGE, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. William M. Nickerson, Senior District Judge. (1:05-cv-00969-WMN) Submitted: March 22, 2007 Decided: March 27, 2007 Before WIDENER and WILKINSON, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Erica Williams, Appellant Pro Se. Thomas Patrick Dore, Michael T. Pate, Bruce Edward Covahey, COVAHEY, BOOZER, DEVAN & DORE, PA, Towson, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Erica Williams seeks to appeal the district court’s order dismissing her 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 order was entered on the docket on April 17, 2006. The notice of appeal was filed on May 18, 2006. Because Williams 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 -