Ospina v. IndyMac Bank , 288 F. App'x 111 ( 2008 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 08-1218
MARIANO H. OSPINA,
Debtor - Appellant,
v.
INDYMAC BANK,
Creditor - Appellee.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Graham C. Mullen, Senior
District Judge. (3:06-cv-00473-GCM)
Submitted: July 31, 2008 Decided: August 4, 2008
Before NIEMEYER, TRAXLER, and GREGORY, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Mariano H. Ospina, Appellant Pro Se. Kristin Pickett Herber, John
Bucher Isbister, TYDINGS & ROSENBERG, Baltimore, Maryland; Kimberly
Ann Sheek, SHAPIRO & INGLE, LLP, Charlotte, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Mariano H. Ospina seeks to appeal the district court’s
orders dismissing as moot his appeal from the bankruptcy court’s
order granting IndyMac Bank’s motion for relief from the automatic
stay and denying reconsideration. IndyMac has moved to dismiss the
appeal. Upon review of the record, we grant the motion and 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 final order was entered on the
docket on October 26, 2007. The notice of appeal was filed on
January 29, 2008. Because Ospina failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal period,
we grant IndyMac’s motion to dismiss the appeal. We dispense with
oral argument because the facts and legal contentions are
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adequately presented in the materials before the court and argument
would not aid the decisional process.
DISMISSED
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