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54 F. App'x 580

Williams v. Angelone

U.S. Courts of Appeals

Decided January 23, 2003

U.S. Courts of Appeals · decided 2003-01-23

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

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

Dismissed by unpublished PER CURIAM opinion · Decided 2003-01-23

PER CURIAM.

¶1 Reginald Bernard Williams 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.

¶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)).

¶3 The district court’s order was entered on the docket on March 7, 2002. The notice of appeal was filed on September 12, 2002. * Because Williams failed to file a *581 timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny a certificate of appealability and 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.

*

¶5 For the purpose of this appeal, we assume that the date appearing on the notice of appeal is the earliest date it could have been properly delivered to prison officials for mailing to the *581 court. See Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).

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