UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6898
BURN’ARD HUNTER,
Plaintiff - Appellant,
versus
ATTORNEY GENERAL OF THE COMMONWEALTH OF VIRGINIA,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. James R. Spencer, District Judge.
(CA-97-933-3)
Submitted: August 19, 1999 Decided: August 26, 1999
Before WIDENER and KING, Circuit Judges, and PHILLIPS, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Burn’ard Hunter, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Burn’ard Hunter seeks to appeal the district court’s order
accepting a magistrate judge’s recommendation to dismiss his action
filed pursuant to 42 U.S.C. § 1983 (1994). We dismiss the appeal
for lack of jurisdiction because Appellant’s 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, see
Fed. R. App. P. 4(a)(1), 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 “man-
datory and jurisdictional.” Browder v. Director, Dep’t of Correc-
tions, 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
11, 1998. Hunter’s notice of appeal was filed on July 6, 1999.
Because Hunter failed to file a timely notice of appeal or to ob-
tain 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