Jerome Brown, Sr. v. Margaret Nolan

Filing 920090508

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 09-1301

JEROME JULIUS BROWN, SR., Plaintiff ­ Appellant, v. MARGARET ANN NOLAN, Defendant ­ Appellee.

Appeal from the United States District Court for the District of Maryland, at Baltimore. William D. Quarles, Jr., District Judge. (1:08-cv-02969-WDQ)

Submitted:

April 20, 2009

Decided:

May 8, 2009

Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Jerome Julius Brown, Sr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM: Jerome Julius Brown, Sr., seeks to appeal the district court's order dismissing his civil action. We dismiss the

appeal for lack of jurisdiction because the notice of appeal was not timely filed. Parties in a civil case are required to file the

notice of appeal within thirty days after the judgment or order appealed from is entered, 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). This appeal period is mandatory and jurisdictional.

Bowles v. Russell, 551 U.S. 205 (2007). The district court's order was entered on November 10, 2008. The notice of appeal was filed on February 18, 2009. See

Fed. R. App. P. 4(d).

Because Brown 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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