UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-8548
KENYATTA HUNTER,
Petitioner - Appellant,
v.
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS,
Respondent - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Florence. Cameron McGowan Currie, District
Judge. (4:08-cv-02174-CMC)
Submitted: March 17, 2009 Decided: March 24, 2009
Before TRAXLER, KING, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Kenyatta Hunter, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Kenyatta Hunter seeks to appeal the district court’s
order accepting the magistrate judge’s recommendation and
dismissing without prejudice Hunter’s 28 U.S.C. § 2241 (2006)
petition. We dismiss the appeal for lack of jurisdiction
because Hunter’s notice of appeal was not timely filed.
Parties are accorded thirty days after 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 September 29, 2008. Hunter’s notice of appeal was filed on
December 11, 2008, the day on which he delivered it to prison
officials for mailing. See Fed. R. App. P. 4(c)(1); Houston v.
Lack, 487 U.S. 266, 276 (1988). Because Hunter 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
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adequately presented in the materials before the court and
argument would not aid the decisional process.
DISMISSED
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