West v. Bush, No. 07-1895 (4th Cir. 2008)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-1895 LARRY C. WEST, Plaintiff - Appellant, v. LEAH BUSH, M.D., Deputy Chief Medical Examiner, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. Raymond A. Jackson, District Judge. (2:07-cv-00135-RAJ) Submitted: February 12, 2008 Decided: February 27, 2008 Before NIEMEYER, TRAXLER, and KING, Circuit Judges. Dismissed by unpublished per curiam opinion. Larry C. West, Appellant Pro Se. Howard Martin Casway, Assistant Attorney General, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Larry C. West seeks to appeal the district court s order dismissing his civil action. 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 July 9, 2007. The notice of appeal was filed on September 5, 2007. On December 21, 2007, West filed a motion in this court to obtain an extension or reopening of the appeal period. We deny the motion to extend or reopen the appeal period and 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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