Harrell v. Commonwealth of VA , 220 F. App'x 215 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-7783
ROGER LEE HARRELL,
Petitioner - Appellant,
versus
COMMONWEALTH OF VIRGINIA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Dennis W. Dohnal, Magistrate
Judge. (3:05-cv-00636-DWD)
Submitted: February 22, 2007 Decided: March 2, 2007
Before WILLIAMS, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Roger Lee Harrell, Appellant Pro Se. Eugene Paul Murphy, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Roger Lee Harrell seeks to appeal the magistrate judge’s
order* dismissing his Fed. R. Civ. P. 60(b) motion as a successive
motion under 28 U.S.C. § 2254 (2000), for which Harrell had not
obtained authorization pursuant to 28 U.S.C. § 2244 (2000). 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 magistrate judge’s order was entered on the docket on
August 28, 2006. The notice of appeal was filed on October 5,
2006, the date on which Harrell states he delivered it to prison
officials for mailing to the court. Fed. R. App. P. 4(c);
Houston v. Lack, 487 U.S. 266 (1988). Because Harrell 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
*
The parties consented to proceed before a United States
magistrate judge. See 28 U.S.C. § 636(c) (2000).
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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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