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George Samuel GREEN, JR., Plaintiff-Appellant, v. PHILLIP MORRIS, tobacco manufacturers; Brown & Williamson Tobacco Company, tobacco manufacturers; B.J. Reynolds Tobacco Company, tobacco manufacturers, Defendants-Appellees

United States Court of Appeals for the Fourth Circuit2003-07-14No. No. 03-6655
68 F. App'x 492

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Opinion

majority opinion

PER CURIAM.

George Samuel Green, Jr., applies under the Prison Litigation Reform Act (“PLRA”) to file this appeal without prepayment of fees. Green appeals the district court’s order denying him leave to proceed on his 42 U.S.C. § 1983 (2000) complaint without the prepayment of fees. Because Green’s appeal was untimely filed, we deny his motion to proceed under the PLRA. 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).

The district court’s order was entered on March 5, 2003. Green filed his notice of appeal, at the earliest, on April 15. Thus, because Green did not file a timely appeal or obtain an extension or reopening of the appeal period, we deny his motion to proceed on appeal without prepayment of fees and dismiss his appeal as untimely. 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.