Owens v. Massenburg ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-2093
WILLIAM TRACY OWENS,
Plaintiff - Appellant,
versus
WARREN MASSENBURG,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. W. Earl Britt, District
Judge. (MISC-93-187-5)
Submitted: January 18, 1996 Decided: February 15, 1996
Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
William Tracy Owens, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
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 February 7, 1994; Appellant's notice of
appeal was filed on May 5, 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 deny
leave to proceed in forma pauperis and dismiss the appeal. We dis-
pense 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
2