Fields v. Warden , 260 F. App'x 554 ( 2007 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-7440
MERRILL EVERETT FIELDS,
Petitioner - Appellant,
versus
WARDEN,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Andre M. Davis, District Judge. (8:06-cv-
02865-AMD)
Submitted: December 13, 2007 Decided: December 21, 2007
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Merrill Everett Fields, Appellant Pro Se. Michael O’Connor Doyle,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Merrill Everett Fields seeks to appeal the district
court’s order dismissing his petition filed under 28 U.S.C. § 2241(2000). 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
May 17, 2007. The notice of appeal was filed on September 24,
2007. Because Fields 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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