Jones v. Hamidullah, No. 06-7370 (4th Cir. 2006)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-7370 WILLIE JAMES JONES, Petitioner - Appellant, versus MATTHEW B. HAMIDULLAH, Warden; HENRY DARGAN MCMASTER, Attorney General of South Carolina, Respondents - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Patrick Michael Duffy, District Judge. (2:05-cv-2736-PMD) Submitted: November 21, 2006 Decided: December 1, 2006 Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Willie James Jones, Appellant. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Willie James Jones seeks to appeal the district court s order dismissing his 28 U.S.C. ยง 2254 (2000) petition. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely 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)(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). mandatory and jurisdictional. This appeal period is 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 December 6, 2005. 2006. The notice of appeal was executed on June 14, The district court improperly authorized Jones s belated notice of appeal, as it was filed more than 180 days after the entry of the district court s order. See Fed. R. App. P. 4(a)(6)(B). Because Jones failed to file a timely notice of appeal or to timely 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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