Samson Parker v. Director of Department of Corr, No. 09-7272 (4th Cir. 2009)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-7272 SAMSON M. PARKER, Petitioner Appellant, v. DIRECTOR OF DEPARTMENT OF CORRECTIONS, Respondent Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Liam O Grady, District Judge. (1:08-cv-00780-LO-TCB) Submitted: December 15, 2009 Decided: December 18, 2009 Before MICHAEL and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Samson M. Parker, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Samson M. Parker seeks to appeal the district court s order notice denying of Parker s appeal. motion We to reopen the the appeal dismiss time for to file a 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). is mandatory and jurisdictional. Corr., 434 U.S. 257, 264 (1978) This appeal period Browder v. Dir., Dep t of (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). The district court s order was entered on the docket on August 6, July 6, 2009. 2009. The notice of appeal was filed on Because Parker 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

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