UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6923

MARK MEYER, a/k/a #219195, a/k/a “Supreme”

Outspoken “7 Allah”,

 Plaintiff - Appellant,

 versus

BERNARD WALKER, Major at Allendale Correctional

Institution; D. LAMBRIGHT, Ex-Lieutenant at

Allendale Correctional Institution; LIEUTENANT

WANBOLT, Lieutenant at Allendale Correctional

Institution; MELISHA L. GRANT, Ex-LPN at

Allendale Correctional Institution; JONATHAN O.

BENNETT, Ex-RN at Allendale Correctional

Institution; THOMAS E. BYRNES, Medical Doctor at

Allendale Correctional Institution; ROBERT E.

WARD, Regional Director for South Carolina

Department of Corrections; JOHN R. PATE, Acting

Warden at Allendale Correctional Institution;

KEN LONG, Institutional Grievance Coordinator at

Allendale Correctional Institution; ANN HALLMON,

Institutional Grievance Coordinator at Allendale

Correctional Institution; GERALDINE MIRO,

Ex-Warden of Allendale Correctional Institution;

JUDY C. ANDOM, of South Carolina Correctional

Department Headquarters; HELEN FREEMAN, Postal

Director at Allendale Correctional Institution;

SERGEANT RUMPH, Allendale Correctional

Institution; SERGEANT PEARSON, South Carolina

Department of Corrections Headquarters sued in

their individual and official capacity,

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

South Carolina, at Florence. Margaret B. Seymour, District Judge.

(CA-02-3628-4)

Submitted: August 12, 2004 Decided: August 20, 2004

Before NIEMEYER, WILLIAMS, and TRAXLER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Mark Meyer, Appellant Pro Se. Christy Scott Stephens, Paul B.

Ferrara, III, BOGOSLOW, JONES, STEPHENS & DUFFIE, PA, Walterboro,

South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
*Meyer’s notice of appeal indicates that he submitted it to

prison officials for mailing on May 4, 2004. See Fed. R. App. P.

4(c); Houston v. Lack, 487 U.S. 266 (1988).

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PER CURIAM:

Mark Meyer seeks to appeal the district court’s order

accepting the recommendation of the magistrate judge and denying

relief on his 42 U.S.C. § 1983 (2000) action. 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. Director, 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

March 29, 2004. The notice of appeal was filed on May 4, 2004.*

Because Meyer failed to file a timely notice of appeal or to obtain

an extension or reopening of the appeal period, we dismiss the

appeal. 
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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