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Gerald HAWKINS, Plaintiff-Appellant, v. ARAMARK FACILITIES SERVICES, INCORPORATED, Defendant-Appellee, and Don Wiggins, Defendant

United States Court of Appeals for the Fourth Circuit2002-06-06No. No. 02-1304
37 F. App'x 611

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Opinion

majority opinion

PER CURIAM.

Gerald Hawkins seeks to appeal the district court’s order dismissing his civil action. We dismiss the appeal for lack of jurisdiction because Appellant’s notice of appeal was not timely filed.

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)).

The district court’s order was entered on the docket on February 7, 2001. Hawkins’ notice of appeal was filed on March 13, 2002. Because Hawkins 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 and argument would not aid the decisional process.

DISMISSED.