Filed: Dec. 18, 2007
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-2004 CHARLOTTE L. HAZELETT, Plaintiff - Appellant, versus R. L. BROWNLEE, Acting Secretary Department of Army, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Joseph R. Goodwin, Chief District Judge. (3:04-cv-00098) Submitted: December 13, 2007 Decided: December 18, 2007 Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished pe
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 07-2004 CHARLOTTE L. HAZELETT, Plaintiff - Appellant, versus R. L. BROWNLEE, Acting Secretary Department of Army, Defendant - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Joseph R. Goodwin, Chief District Judge. (3:04-cv-00098) Submitted: December 13, 2007 Decided: December 18, 2007 Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges. Dismissed by unpublished per..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-2004
CHARLOTTE L. HAZELETT,
Plaintiff - Appellant,
versus
R. L. BROWNLEE, Acting Secretary Department of
Army,
Defendant - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington. Joseph R. Goodwin, Chief
District Judge. (3:04-cv-00098)
Submitted: December 13, 2007 Decided: December 18, 2007
Before NIEMEYER, MOTZ, and SHEDD, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Charlotte L. Hazelett, Appellant Pro Se. Kelly Rixner Curry,
Assistant United States Attorney, Charleston, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charlotte L. Hazelett seeks to appeal the district
court’s order dismissing her civil action. We dismiss the appeal
for lack of jurisdiction because the 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, 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 (1978) (quoting United States v. Robinson,
361 U.S. 220,
229 (1960)).
The district court’s order was entered on the docket on
March 27, 2007. The notice of appeal was filed on October 3, 2007.
Because Hazelett 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
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