Edwards v. Astoria Federal Savings , 353 F. App'x 789 ( 2009 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-1682
ANNE F. EDWARDS,
Plaintiff - Appellant,
v.
ASTORIA FEDERAL SAVINGS,
Defendant - Appellee.
No. 09-1683
ANNE F. EDWARDS,
Plaintiff - Appellant,
v.
ASTORIA FEDERAL SAVINGS,
Defendant - Appellee.
Appeals from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Louise W. Flanagan,
Chief District Judge. (5:08-cv-00456-FL; 5:09-mc-00023)
Submitted: November 19, 2009 Decided: December 1, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anne F. Edwards, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Anne F. Edwards seeks to appeal the district court’s
order adopting the recommendation of the magistrate judge and
dismissing her action as frivolous. 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 October 23, 2008. The notice of appeal was filed on May 15,
2009. Because Edwards 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
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