has not met the standard under Fed. R. App. P. 4(a)(5) to warrant an extension of time. Accordingly, petitioner's Motion is denied.

On April 11, 1999 (50 days after the district court entered its judgment), Andrade deposited a Notice of Appeal in the prison mail system. Subsequently, the district court entered an order denying Andrade a certificate of appealability.

We granted Andrade a certificate of appealability to raise his Eighth Amendment claim. Although Andrade initially filed his appeal pro se, we appointed counsel and ordered supplemental briefing.

II. JURISDICTION

We must consider as a threshold matter whether we have jurisdiction over this appeal. A timely notice of appeal is mandatory and jurisdictional. Fed. R. App. P. 3(a); Browder v. Dir., Dep't of Corr. of Ill., 434 U.S. 257, 264 (1978); Vahan v. Shalala, 30 F.3d 102, 103 (9th Cir. 1994). Rule 4(a)(1)(A) requires that a notice of appeal be filed within 30 days after the district court enters judgment where, as here, the United States is not a party. The district court may extend this period if "(i) a party so moves no later than 30 days after the time prescribed by [ ] Rule 4(a)[(1) ] expires" and "(ii) that party shows excusable neglect or good cause." Fed. R. App. P. 4(a)(5)(A); see also Vahan, 30 F.3d at 103. Such an extension, however, is limited to 30 days after the time prescribed by Rule 4(a)(1) or 10 days after the district court order granting the party's motion, whichever is later. Fed. R. App. P. 4(a)(5)(C).

Andrade did not file a notice of appeal until April 11, 1999, 50 days after the district court entered judgment. He did file, however, pursuant to Rule 4(a)(5)(A), a motion for extension of time on March 17, within 30 days of entry of the district

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