Henry Robinson v. Robert Mauncy
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
HENRY L. ROBINSON, Petitioner - Appellant, v. ROBERT H. Institution, MAUNCY, Warden, Northside Correctional
Respondent - Appellee.
Appeal from the United States District Court for the District of South Carolina, at Anderson. Solomon Blatt, Jr., Senior District Judge. (8:07-cv-00061-SB)
October 21, 2008
October 27, 2008
Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Henry L. Assistant Appellee.
Appellant Pro Se. General, Columbia,
Melody Jane Brown, South Carolina, for
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM: Henry L. Robinson seeks to appeal the district court's order accepting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2254 (2000) petition. 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). § 2107 (2000). This appeal period is See 28 U.S.C. "mandatory and
Browder v. Dir., Dep't of Corr., 434 U.S. 257,
264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). Accord Bowles v. Russell, 127 S. Ct. 2360 (2007). The district court's order was entered on the docket on March 24, 2008. 2008. * The notice of appeal was filed on April 30,
Because Robinson 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
For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266 (1988).
contentions the court
decisional process. DISMISSED
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