United States v. Caprs

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-7205
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JAMES CAPRS, a/k/a Patrick Cobbs, a/k/a Rock,
Defendant - Appellant.
Appeal from the United States District Court for the Northern Dis-
trict of West Virginia, at Clarksburg. Irene M. Keeley, District
Judge. (CR-94-84-K, CA-96-152-1)
Submitted: November 20, 1997 Decided: December 10, 1997
Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Caprs, Appellant Pro Se. Samuel Gerald Nazzaro, Jr., Assis-
tant United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.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 sixty 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 March 11, 1997; Ap-
pellant's notice of appeal was filed on August 25, 1997, which is
beyond the sixty-day appeal period. Appellant's failure to note a
timely appeal or obtain an extension of the appeal period leaves
this court without jurisdiction to consider the merits of Appel-
lant's 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 mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
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