Anne Edwards v. Astoria Federal Savings
Filing
920091201
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 09-1682
ANNE F. EDWARDS, Plaintiff - Appellant, v. ASTORIA FEDERAL SAVINGS, Defendant - Appellee.
No. 09-1683
ANNE F. EDWARDS, Plaintiff - Appellant, v. ASTORIA FEDERAL SAVINGS, Defendant - Appellee.
Appeals from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, Chief District Judge. (5:08-cv-00456-FL; 5:09-mc-00023)
Submitted:
November 19, 2009
Decided:
December 1, 2009
Before MOTZ, GREGORY, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Anne F. Edwards, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM: Anne F. Edwards seeks to appeal the district court's order adopting the recommendation of the magistrate judge and dismissing her action as frivolous. 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 October 23, 2008. 2009. The notice of appeal was filed on May 15,
Because Edwards failed to file a timely notice of appeal
or to obtain an extension or reopening of the appeal period, we dismiss the appeal. facts and legal before We dispense with oral argument because the are and adequately argument presented not in aid the the
contentions the court
materials
would
decisional process. DISMISSED
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