Collier v. North Carolina Department of Correction

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 00-7432
ERIC ERWIN COLLIER,
Petitioner - Appellant,
versus
NORTH CAROLINA DEPARTMENT OF CORRECTION; AT-
TORNEY GENERAL OF NORTH CAROLINA,
Respondents - Appellees.
Appeal from the United States District Court for the Western Dis-
trict of North Carolina, at Shelby. Graham C. Mullen, Chief Dis-
trict Judge. (CA-97-20-4-1-MU)
Submitted: February 8, 2001 Decided: February 14, 2001
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Eric Erwin Collier, Appellant Pro Se. Mary D. Winstead, OFFICE OF
THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina,
for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Eric Erwin Collier seeks to appeal the district court’s order
denying relief under § 2254. We dismiss the appeal for lack of
jurisdiction because Collier’s notice of appeal was not timely
filed.
Parties are accorded thirty days after entry of the district
court’s final judgment or order to note an appeal, see Fed. R. App.
P. 4(a)(1), 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. Director, Dep’t of Corrections, 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
29, 2000. Collier’s notice of appeal was filed on July 25, 2000.
Because Collier failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we deny a
certificate of appealability 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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