UNITED STATES of America, Plaintiff-Appellee, v. Jerry Louis GARNER, Defendant-Appellant, 127 F. App'x 669

PER CURIAM: Jerry Louis Garner seeks to appeal the district court’s order denying his motion for specific performance. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed. When the United States or its officer or agency is a party, the notice of appeal must be filed no more than sixty days after the entry of the district court’s final judgment or order, Fed. R.App. P. 4(a)(1)(B), 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) (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 September 7, 2004. The notice of appeal was filed on November 17, 2004. Because Garner 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 This date gives Gamer the benefit of Houston v. Lack, 487 U.S. 266. 108 S.Ct. 2379. 101 L.Ed.2d 245 (1988).