Elton Lee WILLIAMS, Petitioner-Appellant, v. SOUTHAMPTON CORRECTIONAL CENTER, Warden; Randolph H. Powell, Warden, Respondents-Appellees, 24 F. App'x 228

PER CURIAM. Elton Lee Williams seeks to appeal the district court’s order dismissing without prejudice his petition for habeas corpus under 28 U.S.C.A. § 2254 (West 1994 & Supp.2001) for failure to pay the filing fee. We dismiss the appeal for lack of jurisdiction because Appellant’s 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, 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, Dep’t of Corrections, 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 (I960)). The district court’s order was entered on the docket on January 18, 2001. Appellant’s notice of appeal was filed on April 19, 2001. Because Appellant failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we deny a certificate of appealability 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.