UNPUBLISHED

UNITED STATES COURT OF APPEALS 

FOR THE FOURTH CIRCUIT 

No. 08-7247

ANTONIO BURTS, 

 Plaintiff - Appellant, 

 v. 

GREENVILLE CLERK OF COURT; SOLICITORS OFFICE, 13th Judicial 

Circuit; DOROTHY A. MANIGAULT, Attorney; PHILPOT LAW FIRM, 

P.A.; ROBERT M. ARIAIL, Solicitor; JOSEPH L. SAVITZ, III, 

Appellate Defense Chief Attorney; WANDA H. CARTER, Chief 

Deputy; HENRY MCMASTER, Attorney General; KAREN RATJAN, 

Assistant Attorney General; KENNETH C. GIBSON, PCR Attorney; 

EVERETT P. GODFREY, Jr., Esq., Case #06-OF-775; FRANK L. 

EPPS, Esq., Case no. 06-DE-L-777, in connection with case 

no. 6-06-2500 and case PCR no. 2006-CP-23-0611; DAVID 

WAGNER, Esq., Case no. 06-DE-L-873; DAVID ROSS, Esq., Case 

no. 06-DE-L-873; SUSANNAH ROSS, Esq., Case no. 06-DE-L-778; 

EDWARD E. WELMAKER, Judge; GARY MICHAEL NETTLES, Judge - 

PCR; EDWARD W. MILLER, Trial Judge 11/28/05; DANIEL E. 

SHEARHOUSE; SUPREME COURT OF SOUTH CAROLINA; BRENDA F. 

SHEALY; RALPH ANDERSON, Senator; KAY PATTERSON, Senator; 

SOUTH CAROLINA DEPARTMENT OF PUBLIC SAFETY; GREENVILLE 

COUNTY INVESTIGATIONS DIVISION; O. B. SMITH, Sergeant - 

Selective Enforcement Division; UNITED STATES DEPARTMENT OF 

JUSTICE, Washington, DC; UNITED STATES POSTAL SERVICE; SOUTH 

CAROLINA STATE CONFERENCE; MARSHALL CLEMENT SANFORD, Jr., 

Governor; LINDSEY GRAHAM, U. S. Senator; GLENN F. MCCONNELL; 

SOUTH CAROLINA LEGISLATORS; APPELLATE DEFENSE SOUTH CAROLINA 

OFFICE; HOLLIE M. JENKINS, Circuit Court Reporter; PCR COURT 

REPORTER, on 2/27/07; GREENVILLE COUNTY MAGISTRATE COURT 

JUDGES, in connection with all criminal background records 

of bond proceedings etc., within herein, indigent defense of 

South Carolina; KAYE GORENFLO HEARN, Court of Appeals; JEAN 

HOEFER TOAL, Supreme Court Judicial Department; JAMES E. 

MOORE; SOCIAL SECURITY ADMINISTRATION, Washington, DC, 

 Defendants - Appellees. 
Appeal from the United States District Court for the District of 

South Carolina, at Greenville. Henry M. Herlong, Jr., District 

Judge. (8:07-cv-03011-HMH-BHH) 

Submitted: October 21, 2008 Decided: October 29, 2008 

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges. 

Dismissed by unpublished per curiam opinion. 

Antonio Burts, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit. 

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PER CURIAM: 

Antonio Burts seeks to appeal an unspecified order in 

his 42 U.S.C. § 1983 (2000) action. The district court issued 

its most recent decision on December 19, 2007, when it dismissed 

Burts’ action without prejudice for failure to prosecute and for 

noncompliance with court orders.∗

 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. Dir., 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 December 19, 2007. The notice of appeal was filed in July 

2008. Because Burts 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 

 ∗

Burts’ previous appeal from this order was timely but 

unsuccessful. See Burts v. Greenville Clerk of Court, 275 F. 

App’x 239 (4th Cir. 2008) (No. 08-6243). 

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facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process. 

DISMISSED