UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8464
CALVIN SCOTT WEDINGTON,
Plaintiff - Appellant,
v.
UNITED STATES OF AMERICA; FEDERAL BUREAU OF PRISONS; MARY
HAUGEN, Unit Manager; LIEUTENANT HANSEN, Corrections
Operations; D. TERRELL, Warden, Federal Medical Center,
Defendants - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge.
(8:07-cv-02992-DKC)
Submitted: January 15, 2009 Decided: January 26, 2009
Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Calvin Scott Wedington, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Calvin Scott Wedington seeks to appeal the district
court’s order dismissing his civil action. We dismiss the
appeal for lack of jurisdiction because the notice of appeal was
not timely filed.
When the United States or its officer or agency is a
party, the notice of appeal must be filed no more than sixty
days after the entry of the district court’s final judgment or
order, Fed. R. App. P. 4(a)(1)(B), 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 November 21, 2007. The notice of appeal was filed on
November 18, 2008. Because Wedington 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