Turner v. Dept of Justice

Filing 920070221

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 06-2218

JOHN PAUL TURNER, Plaintiff - Appellant, versus DEPARTMENT OF JUSTICE, Defendant - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, District Judge. (7:03-cv-00250-SGW)

Submitted:

February 5, 2007

Decided:

February 21, 2007

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John Paul Turner, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: John Paul Turner seeks to appeal the district court's orders dismissing his civil rights complaint for failure to comply with a prefiling injunction and denying his motions for

reconsideration and to reopen.

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). and jurisdictional." This appeal period is "mandatory

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 August 6, 2003. 2006. The notice of appeal was filed on November 8,

Because Turner failed to file a timely notice of appeal or

to obtain an extension or reopening of the appeal period, we dismiss the appeal. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the

contentions the court

materials

would

decisional process. DISMISSED

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