UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1801
ANTONIO BURTS,
Plaintiff - Appellant,
v.
SULLIVAN’S BODY SHOP,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (6:06-cv-02500-HMH)
Submitted: October 21, 2008 Decided: October 24, 2008
Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Antonio Burts, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Antonio Burts seeks to appeal an unspecified order in
his action against Sullivan’s Body Shop. The district court
issued its most recent decision in the case on September 4,
2007, when it denied Burts’ post-judgment motion for
transcripts. We dismiss the appeal for lack of jurisdiction
because the notice of appeal was not timely filed as to even the
most recent order of the district court.
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 latest order was entered on the
docket on September 4, 2007. The notice of appeal was filed in
July 2008. Because Burts 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
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in the materials before the court and argument would not aid the
decisional process.
DISMISSED
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