Winston WILKINS, Petitioner-Appellant, v. Theodis BECK, Respondent-Appellee, 26 F. App'x 287

PER CURIAM. Winston Wilkins seeks to appeal the district court’s order denying relief on his 28 U.S.C.A. § 2254 (West 1994 & Supp.2001) petition. We dismiss the appeal for lack of jurisdiction because Appellant’s notice 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. RApp. 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 February 14, 2000. Appellant’s notice of appeal was filed on July 16, 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. For the purpose of this appeal we assume that the date appearing on the notice of appeal is the earliest date it could have been given to prison officials for mailing. See Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).