Mallard v. Vandiford ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7960
JAMES MALLARD,
Plaintiff - Appellant,
versus
BILLY L. VANDIFORD; JAMES H. HUDSON,
Defendants - Appellees.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-94-110-5-H)
Submitted: February 7, 1996 Decided: February 28, 1996
Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Mallard, Appellant Pro Se. Kenneth Ray Wooten, Cheryl A.
Marteney, WARD & SMITH, P.A., New Bern, North Carolina, for
Appellees.
Unpublished opinions are not binding precedent in this circuit.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 September 14, 1995; Appellant's notice
of appeal was filed on November 28, 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 be-
cause the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
DISMISSED
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