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266 F. App'x 243

Jamison v. Myers

U.S. Courts of Appeals

Decided February 25, 2008

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U.S. Courts of Appeals · decided 2008-02-25

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))

Relies on Browder v. Director Department of Corrections of Illinois · United States v. Robinson

Dismissed by unpublished PER CURIAM opinion · Decided 2008-02-25

PER CURIAM:

¶1 Cecil Fitzgerald Jamison seeks to appeal the district court’s adopting the magistrate judge’s recommendation to dismiss his action under 42 U.S.C. § 1983 (2000). We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

¶2 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). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)). The district court’s order was entered on the docket on December 21, 2006. The notice of appeal was filed, at the earliest, on July 11, 2007. Because Jamison failed to file a timely notice of appeal and is not entitled to reopening of the appeal period, we dismiss the appeal for lack of jurisdiction. We deny Jamison’s motion for preparation of transcripts at government expense. 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.

¶3 DISMISSED.

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