UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7075
EDWARD JAMES EGAN, SR.,
Petitioner - Appellant,
versus
GENE M. JOHNSON, Virginia Department of
Corrections,
Respondent - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Glen E. Conrad, District Judge.
(7:07-cv-00264-gec)
Submitted: October 18, 2007 Decided: October 26, 2007
Before WILKINSON, NIEMEYER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Edward James Egan, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Edward James Egan, Sr., seeks to appeal the district
court’s order dismissing his 28 U.S.C. § 2254 (2000) petition on
exhaustion grounds. 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
June 1, 2007. The notice of appeal was filed on July 16, 2007.*
Because Egan failed to file a timely notice of appeal or to obtain
an extension or reopening of the appeal period, we deny Egan’s
motion for leave to proceed in forma pauperis and dismiss the
appeal. We dispense with oral argument because the facts and legal
*
For purposes of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been given to prison officials for mailing. See Fed. R. App.
P. 4(c); Houston v. Lack, 487 U.S. 266, 276 (1988).
- 2 -
contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED
- 3 -