Donald Eugene HAYES, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF JUSTICE; North Carolina Department of Justice; Cumberland County Sheriff's Department; Darrell Scales, Detective; North Carolina Department of Correction; John Hair, Judge; N. Donaldson, Judge, Defendants-Appellees, 157 F. App'x 598

PER CURIAM: Donald Eugene Hayes seeks to appeal the district court’s order dismissing his complaint seeking damages for alleged violations of his constitutional rights. 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 March 9, 2004. The notice of appeal was filed on June 22, 2005. Because Hayes 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