Harris v. Powers , 96 F. App'x 878 ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-2488
RODNEY VICTOR HARRIS,
Plaintiff - Appellant,
versus
DONALD G. POWERS, Senior Assistant Attorney
General,
Defendant - Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. James C. Turk, Senior District
Judge. (CA-03-681-7)
Submitted: April 23, 2004 Decided: May 10, 2004
Before WIDENER, WILKINSON, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Rodney Victor Harris, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Rodney Victor Harris seeks to appeal the district court’s
order dismissing without prejudice his 42 U.S.C. § 1983 (2000)
complaint under 28 U.S.C. § 1915(e)(2)(B). 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. Director, 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
October 21, 2003. The notice of appeal was filed on December 1,
2003. Because Harris failed to file a timely notice of appeal or
to obtain an extension or reopening of the appeal period, we deny
his motions to submit circuit court transcripts and for a
continuance, and 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
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