Nobrega v. Pittsylvania County Sheriff's Office ( 2006 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-1114
SHAWN ALAN NOBREGA,
Plaintiff - Appellant,
versus
PITTSYLVANIA COUNTY SHERIFF’S OFFICE;
PITTSYLVANIA COUNTY JAIL,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of Virginia, at Roanoke. Samuel G. Wilson, District
Judge. (7:05-cv-00124)
Submitted: March 23, 2006 Decided: March 30, 2006
Before WILKINSON, LUTTIG, and WILLIAMS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shawn Alan Nobrega, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Shawn Alan Nobrega seeks to appeal the district court’s
order dismissing as frivolous his 42 U.S.C. § 1983 (2000)
complaint. 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 judgment was entered on the docket
on April 29, 2005. The notice of appeal was filed on July 11,
2005. Because Nobrega failed to file a timely notice of appeal or
to obtain an extension or reopening of the appeal period, we deny
Nobrega’s motion to proceed in forma pauperis 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
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