Hardy v. Warden ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6314
KEVIN HARDY,
Petitioner - Appellant,
versus
WARDEN, Maryland House of Corrections - Annex,
Respondent - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA-
98-2590-DKC)
Submitted: June 17, 1999 Decided: June 23, 1999
Before MURNAGHAN and TRAXLER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Kevin Hardy, Appellant Pro Se. John Joseph Curran, Jr., Attorney
General, David Jonathan Taube, Assistant Attorney General, Ann
Norman Bosse, OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Balti-
more, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Kevin Hardy 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 "man-
datory and jurisdictional." Browder v. Director, Dep't of Correc-
tions, 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 judgments 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 January 4, 1999; Hardy
asserts that he gave his notice of appeal to a prison officer for
mailing on February 16, 1999, which is beyond the thirty-day appeal
period. Hardy's failure to note a timely appeal or obtain an
extension of the appeal period leaves this court without jurisdic-
tion to consider the merits of his appeal. We therefore deny a
certificate of appealability and 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
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