Dickson v. Maryland National Park Planning Comm' ( 2010 )


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  •                               UNPUBLISHED
    
                      UNITED STATES COURT OF APPEALS
                          FOR THE FOURTH CIRCUIT
    
    
                                  No. 10-1027
    
    
    AUBREY LEON DICKSON, SR.,
    
                    Plaintiff – Appellant,
    
              v.
    
    MARYLAND NATIONAL PARK PLANNING COMMISSION,
    
                    Defendant – Appellee.
    
    
    
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.      Robert W. Titus, District Judge.
    (8:09-cv-01429-RWT)
    
    
    Submitted:   March 16, 2010                 Decided:   March 24, 2010
    
    
    Before NIEMEYER, MOTZ, and DAVIS, Circuit Judges.
    
    
    Dismissed by unpublished per curiam opinion.
    
    
    Aubrey Leon Dickson, Sr., Appellant Pro Se.      Jared Michael
    McCarthy, MARYLAND NATIONAL CAPITAL PARK & PLANNING COMMISSION,
    Riverdale, Maryland, for Appellee.
    
    
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    
                 Aubrey Leon Dickson, Sr., seeks to appeal the district
    
    court’s orders granting the Defendant’s motions to dismiss, or
    
    in the alternative, for summary judgment and denying Dickson’s
    
    second motion to amend or alter judgment.                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 were entered on the docket
    
    on October 13, 2009 and November 25, 2009.                The notice of appeal
    
    was filed on December 31, 2009.                 Because Dickson 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      presented     in    the    materials    before     the   court    and
    
    argument would not aid the decisional process.
    
                                                                             DISMISSED
    
                                                2
    

Document Info

DocketNumber: 101027

Filed Date: 3/24/2010

Precedential Status: Non-Precedential

Modified Date: 12/31/2014