Robert Johnson v. Nubian Princess ENT

Filing 920090121

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-1709

ROBERT L. JOHNSON, Plaintiff - Appellant, v. NUBIAN PRINCESS ENT, Defendant - Appellee.

Appeal from the United States District Court for District of South Carolina, at Florence. Terry L. Wooten, District Judge. (4:07-cv-01625-TLW)

Submitted:

January 15, 2009

Decided: January 21, 2009

Before MOTZ and Circuit Judge.

SHEDD,

Circuit

Judges,

and

HAMILTON,

Senior

Dismissed by unpublished per curiam opinion.

Robert L. Johnson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Robert L. Johnson seeks to appeal the district court's order accepting the magistrate judge's recommendation and

dismissing his civil complaint. of jurisdiction because the

We dismiss the appeal for lack of appeal was not timely

notice

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). is "mandatory and jurisdictional." Corr., 434 U.S. 257, 264 (1978) This appeal period

Browder v. Dir., Dep't of (quoting United States v.

Robinson, 361 U.S. 220, 229 (1960)). The district court's order was entered on the docket on July 31, 2007. The notice of appeal was filed at the

earliest on June 13, 2008.

Because Johnson failed to file a

timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. oral argument because in the the facts and legal before We dispense with contentions the court are and

adequately

presented

materials

argument would not aid the decisional process.

DISMISSED 2