Rehearing granted, June 8, 2009
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-7125
DARRYL TAYLOR,
Petitioner - Appellant,
v.
JAMES SMITH, Warden; DOUGLAS GANSLER, The Attorney General
of the State of Maryland,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:05-cv-01179-RDB)
Submitted: November 13, 2008 Decided: November 20, 2008
Before WILKINSON, NIEMEYER, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Michael Lawlor, LAWLOR & ENGLERT, LLC, Greenbelt, Maryland, for
Appellant. Edward John Kelley, OFFICE OF THE ATTORNEY GENERAL
OF MARYLAND, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Darryl Taylor seeks to appeal the district court’s
order denying relief on 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. 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 1, 2008. The notice of appeal was filed by Taylor’s
attorney on May 6, 2008. Because Taylor 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