
    Jerry RESTO-DIAZ, Petitioner—Appellant, v. UNITED STATES of America, Respondent—Appellee.
    No. 05-7195.
    United States Court of Appeals, Fourth Circuit.
    Submitted: April 26, 2006.
    Decided: May 11, 2006.
    Jerry Resto-Diaz, Appellant Pro Se.
    Before WILKINSON, MICHAEL, and MOTZ, Circuit Judges.
    Dismissed by unpublished PER CURIAM opinion.
    Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).
   PER CURIAM:

Jerry Resto-Diaz seeks to appeal the district court’s order dismissing his 28 U.S.C. § 2241 (2000) petition. 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 dismissing Resto-Diaz’s motion was entered on the docket on January 10, 2005. The notice of appeal can be deemed filed, at the earliest, on July 27, 2005. Because Resto-Diaz 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 facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.  