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61 F. App'x 78

Green v. Warden

U.S. Courts of Appeals

Decided March 25, 2003

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U.S. Courts of Appeals · decided 2003-03-25

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 · Houston v. Lack · United States v. Robinson

Dismissed by unpublished PER CURIAM opinion · Decided 2003-03-25

PER CURIAM.

¶1 Georgia Green seeks to appeal the district court’s order denying relief on her 42 U.S.C. § 1983 (2000) complaint. We dismiss the appeal for lack of jurisdiction because Green’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 May 30, 2002. Green’s notice of appeal was filed no earlier than November 6, 2002. * Because Green 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 *79 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 delivered to prison officials for mailing to the 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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