William Karampour v. Bryan Watson

Filing 920081223

Opinion

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-7270

WILLIAM CLYDE KARAMPOUR, Petitioner - Appellant, v. BRYAN WATSON, Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Glen E. Conrad, District Judge. (7:07-cv-00308-GEC-MFU)

Submitted:

December 16, 2008

Decided:

December 23, 2008

Before WILKINSON, MICHAEL, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

William Clyde Karampour, Appellant Pro Se. III, OFFICE OF THE ATTORNEY GENERAL OF Virginia, for Appellee.

Robert H. Anderson, VIRGINIA, Richmond,

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: William Clyde Karampour seeks to appeal the district court's order denying his petition filed under 28 U.S.C. § 2254 (2000). 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). 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 December 14, 2007. The notice of appeal was filed, at the Because Karampour failed to file a

earliest, on July 10, 2008.

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