Ronald Hamilton James v. Benjamin Smith, Sergeant A. Vincent, Corporal Deputy Gattison, and New Hanover County Jail , 76 F.3d 373 ( 1996 )

76 F.3d 373

NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Ronald Hamilton JAMES, Plaintiff-Appellant,
v.
Benjamin SMITH, Sergeant; A. Vincent, Corporal; Deputy
Gattison, Defendants-Appellees,
and
NEW HANOVER COUNTY JAIL, Defendant.

No. 95-7340.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 18, 1996.
Decided Feb. 1, 1996.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. W. Earl Britt, District Judge. (CA-95-47)

Ronald Hamilton James, Appellant Pro Se.

E.D.N.C.

DISMISSED.

Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:

1

Appellant noted this appeal outside the thirty-day appeal period established by Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within the additional thirty-day period provided by Fed. R.App. P. 4(a)(5), and is not entitled to relief under Fed. R.App. P. 4(a)(6). The time periods established by Fed. R.App. P. 4 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)). The district court entered its order on June 9, 1995; Appellant's notice of appeal was filed on August 16, 1995. Appellant's failure to note a timely appeal or obtain an extension of the appeal period deprives this court of jurisdiction to consider this case. We therefore 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