Mary Reid v. John Potter
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
MARY S. REID, Plaintiff - Appellant, v. JOHN E. POTTER, Postmaster General, United States Postal Service Agency, Defendant - Appellee.
Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Martin K. Reidinger, District Judge. (3:06-cv-00267-MR-DCK)
April 24, 2008
April 29, 2008
Before KING and SHEDD, Circuit Judges, and WILKINS, Senior Circuit Judge.
Dismissed by unpublished per curiam opinion.
Mary S. Reid, Appellant Pro Se. Sidney P. Alexander, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Mary S. Reid seeks to appeal the district court's order dismissing her employment discrimination action with prejudice. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court's final judgment or order, Fed. R. App. P. 4(a)(1)(B), 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). "mandatory and jurisdictional." This appeal period is
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 November 9, 2007. 2008. The notice of appeal was filed on January 31,
Because Reid failed to file a timely notice of appeal or to
obtain an extension or reopening of the appeal period, we deny leave 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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