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38 F. App'x 935

Barley v. Adams

U.S. Courts of Appeals

Decided June 26, 2002

U.S. Courts of Appeals · decided 2002-06-26

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Dismissed by unpublished PER CURIAM opinion · Decided 2002-06-26

PER CURIAM.

¶1 Carl Barley seeks to appeal the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp.2001) complaint. We dismiss the appeal for lack of jurisdiction because Barley’s 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, see Fed. R.App. P. 4(a)(1), 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 Corrections, 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)).

¶3 The district court’s order was entered on the docket on February 7, 2002. Barley’s notice of appeal was filed on March 18, 2002. Because Barley failed to file a timely notice of appeal or move for and 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.

¶4 DISMISSED.

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