Hazelett v. Brownlee , 258 F. App'x 544 ( 2007 )


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  •                             UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 07-2004
    CHARLOTTE L. HAZELETT,
    Plaintiff - Appellant,
    versus
    R. L. BROWNLEE, Acting Secretary Department of
    Army,
    Defendant - Appellee.
    Appeal from the United States District Court for the Southern
    District of West Virginia, at Huntington. Joseph R. Goodwin, Chief
    District Judge. (3:04-cv-00098)
    Submitted:   December 13, 2007         Decided:     December 18, 2007
    Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
    Dismissed by unpublished per curiam opinion.
    Charlotte L. Hazelett, Appellant Pro Se.     Kelly Rixner Curry,
    Assistant United States Attorney, Charleston, West Virginia, for
    Appellee.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Charlotte    L.   Hazelett    seeks   to   appeal   the   district
    court’s order dismissing her 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).         This appeal period is “mandatory
    and jurisdictional.”    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
    March 27, 2007.   The notice of appeal was filed on October 3, 2007.
    Because Hazelett 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 -
    

Document Info

Docket Number: 07-2004

Citation Numbers: 258 F. App'x 544

Judges: Niemeyer, Motz, Shedd

Filed Date: 12/18/2007

Precedential Status: Non-Precedential

Modified Date: 11/5/2024