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88 F. App'x 607

Medlin v. Clark

U.S. Courts of Appeals

Decided February 23, 2004

U.S. Courts of Appeals · decided 2004-02-23

Applies 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996) · 28 U.S.C. § 636

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

Dismissed by unpublished per curiam opinion · Decided 2004-02-23

PER CURIAM.

¶1 Donald Eugene Medlin seeks to appeal the magistrate judge’s order dismissing his petition for habeas corpus filed pursuant to 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. Dir., 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 (I960)).

¶3 The magistrate judge’s order was entered on the docket on October 16, 2003. The notice of appeal was filed by Medlin’s attorney on November 17, 2003. Because Medlin failed to file a timely notice of appeal or to obtain an extension or reopen *608 ing 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 This case was decided by magistrate judge upon consent of the parties under 28 U.S.C. § 636(c)(1) (2000).

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