Pack v. O'Malley

Filing 920071228

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 07-1868

MICHAEL L. PACK, Plaintiff - Appellant, versus MARTIN O'MALLEY, Mayor, Defendant - Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson Everett Legg, Chief District Judge. (1:05-cv-03081-BEL)

Submitted:

December 14, 2007

Decided:

December 28, 2007

Before NIEMEYER, MICHAEL, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Michael L. Pack, Appellant Pro Se. James R. Benjamin, Jr., BALTIMORE CITY LAW DEPARTMENT, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Michael L. Pack seeks to appeal the district court's order and correspondence informing him the Appellee filed a motion to dismiss and granting the motion to dismiss. 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 February 16, 2007. 2007. The notice of appeal was filed on August 30,

Because Pack 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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