Harley v. International Business MacHines Corp. , 11 F. App'x 309 ( 2001 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-1390
ISAIAH HARLEY, JR.,
Plaintiff - Appellant,
and
UNITED STATES OF AMERICA,
Plaintiff,
versus
INTERNATIONAL BUSINESS MACHINES CORPORATION,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA-
99-2725-CCB)
Submitted: May 31, 2001 Decided: June 8, 2001
Before WILKINS, TRAXLER, and KING, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Isaiah Harley, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Isaiah Harley seeks to appeal an order of the district court
purportedly entered on March 12, 2001. The district court docket
sheet reflects that there was no order entered by the court on or
around that date. To the extent Harley seeks to appeal the
district court’s order dismissing his civil complaint without prej-
udice for lack of jurisdiction, we dismiss the appeal as untimely
filed.
Parties are accorded thirty days after entry of the district
court’s final judgment or order to note an appeal, 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 “mandatory and jurisdic-
tional.” Browder v. Director, Dep’t of Corrections, 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 Sep-
tember 15, 1999. Harley’s notice of appeal was filed on March 15,
2001. Because Harley failed to file a timely notice of appeal or
to obtain an extension or reopening of the appeal period, we dis-
miss 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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