White v. Rushton , 204 F. App'x 323 ( 2006 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 06-7361
    WILLIE J. WHITE,
    Petitioner - Appellant,
    versus
    COLIE   L.   RUSHTON,  Warden  of   McCormick
    Correctional    Institution;  HENRY    DARGAN
    MCMASTER, Attorney General of the State of
    South Carolina,
    Respondents - Appellees.
    Appeal from the United States District Court for the District of
    South Carolina, at Florence.   Cameron McGowan Currie, District
    Judge. (4:05-cv-02757-CMC)
    Submitted: October 31, 2006                 Decided:   November 8, 2006
    Before WILLIAMS, MICHAEL, and GREGORY, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Willie J. White, Appellant Pro Se. Donald John Zelenka, Derrick K.
    McFarland, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA,
    Columbia, South Carolina, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    See Local Rule 36(c).
    PER CURIAM:
    Willie J. White seeks to appeal the district court’s
    order dismissing his 
    28 U.S.C. § 2254
     (2000) petition as untimely.
    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 district court’s orders denying his § 2254 petition
    and his motion for reconsideration were entered on the docket on
    May 23, 2006 and June 20, 2006, respectively.   The notice of appeal
    was filed on July 21, 2006.*   Because White 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
    *
    For the purpose of this appeal, we assume that the date
    appearing on the notice of appeal is the earliest date it could
    have been properly delivered to prison officials for mailing to the
    court. Fed. R. App. P. 4(c); Houston v. Lack, 
    487 U.S. 266
     (1988).
    - 2 -
    presented in the materials before the court and argument would not
    aid the decisional process.
    DISMISSED
    - 3 -
    

Document Info

Docket Number: 06-7361

Citation Numbers: 204 F. App'x 323

Judges: Gregory, Michael, Per Curiam, Williams

Filed Date: 11/8/2006

Precedential Status: Non-Precedential

Modified Date: 8/7/2023