Fields v. Warden, No. 07-7440 (4th Cir. 2007)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-7440 MERRILL EVERETT FIELDS, Petitioner - Appellant, versus WARDEN, Respondent - Appellee. Appeal from the United States District Court for the District of Maryland, at Greenbelt. Andre M. Davis, District Judge. (8:06-cv02865-AMD) Submitted: December 13, 2007 Decided: December 21, 2007 Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per curiam opinion. Merrill Everett Fields, Appellant Pro Se. Michael O Connor Doyle, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Merrill Everett Fields seeks to appeal the district court s order dismissing his petition filed under 28 U.S.C. § 2241 (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). and jurisdictional. This appeal period is mandatory 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 order was entered on the docket on May 17, 2007. 2007. The notice of appeal was filed on September 24, Because Fields failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. facts and materials legal before We dispense with oral argument because the contentions are adequately the and argument court presented would not in the aid the decisional process. DISMISSED - 2 -

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