Lanier v. City of Fayetteville ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-2580
DALLAS B. LANIER,
Plaintiff - Appellant,
versus
THE CITY OF FAYETTEVILLE,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, District
Judge. (CA-96-285-5-BO)
Submitted: December 19, 1996 Decided: December 31, 1996
Before ERVIN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Dallas B. Lanier, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant filed an untimely notice of appeal. We dismiss for
lack of jurisdiction. The time periods for filing notices of appeal
are governed by Fed. R. App. P. 4. These periods are "mandatory and
jurisdictional." Browder v. Director, Dep't of Corrections, 434
U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S.
220, 229 (1960)). Parties to civil actions have thirty days within
which to file in the district court notices of appeal from judg-
ments or final orders. Fed. R. App. P. 4(a)(1). The only exceptions
to the appeal period are when the district court extends the time
to appeal under Fed. R. App. P. 4(a)(5) or reopens the appeal
period under Fed. R. App. P. 4(a)(6).
The district court entered its order on July 11, 1996; Appel-
lant's notice of appeal was filed on October 18, 1996. Appellant's
failure to note a timely appeal or obtain either an extension or a
reopening of the appeal period leaves this court without jurisdic-
tion to consider the merits of Appellant's appeal. We therefore
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
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