# Mallory v. Chairman, Virginia Parole Board

> Court of Appeals for the Fourth Circuit · August 21, 2003 · 71 F. App'x 282

URL: https://www.frixlaw.com/law-library/cases/1011356

## Case

- **Full name:** Calvin P. MALLORY, Plaintiff-Appellant, v. CHAIRMAN, VIRGINIA PAROLE BOARD, Defendant-Appellee
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** August 21, 2003
- **Citations:** 71 F. App'x 282
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Williams, King, Gregory
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 03-6711

CALVIN P. MALLORY,

Plaintiff - Appellant,

versus

CHAIRMAN, VIRGINIA PAROLE BOARD,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. James R. Spencer, District
Judge. (CA-02-337)

Submitted: August 14, 2003 Decided: August 21, 2003

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Calvin P. Mallory, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:

Calvin P. Mallory seeks to appeal from the district court’s

order dismissing his 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. Director, 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

October 4, 2002. The notice of appeal was filed on April 30, 2003.

Because Mallory failed to file a timely notice of appeal or to

obtain an extension or reopening of the appeal period, we deny

leave to proceed in forma pauperis 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.

DISMISSED

2

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1011356. Public record. Not legal advice.