Kelley v. United States

In No. 99-6635, James Otis Kelley appeals the district courts orders denying relief on his petition filed under 28 U.S.C.A. § 2241 (West 1994 & Supp. 1999). We have reviewed the record and the district courts opinions and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Kelley v. United States, No. CA-98-318-5-H (E.D.N.C. Nov. 4, 1998; Feb. 17, 1999). In No. 99-6666, Kelley appeals the district courts dismissal of his civil rights action. We dismiss the appeal for lack of jurisdiction because Kelleys notice of appeal was not timely filed. In cases where the United States is a party, parties are accorded sixty days after the entry of the district courts 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, Dept of Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). The district courts order was entered on the docket on December 9, 1998. Kelleys notice of appeal was filed on March 30, 1999. Because Kelley failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We deny Kelleys pending motion for general relief and 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.