
    UNITED STATES of America, Plaintiff-Appellee, v. Donald JACKSON, Defendant-Appellant.
    No. 02-7486.
    United States Court of Appeals, Fourth Circuit.
    Submitted Dec. 16, 2002.
    Decided Dec. 20, 2002.
    Donald Jackson, Appellant Pro Se. Michael Cornell Wallace, Office of the United States Attorney, Richmond, Virginia, for Appellee.
    Before LUTTIG, MICHAEL, and DIANA GRIBBON MOTZ, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
   PER CURIAM.

Donald Jackson seeks to appeal the district court’s order denying his petition filed under 28 U.S.C. § 2255 (2000). 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 July 29, 2002. The notice of appeal was filed on September 28, 2002. Because Jackson 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 properly delivered to prison officials for mailing to the court. See Fed. R.App. P. 4(c); Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988).
     