Mays v. Millie Lewis Modeling

Filed: May 5, 1997
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-2671
(CA-96-1476-6-20AK)
Juanita Mays,
Plaintiff - Appellant,
versus
Millie Lewis Modeling, et al,
Defendants - Appellees.
O R D E R
The Court amends its opinion filed April 2, 1997, as follows:
On page 2, first full paragraph, lines 6-7 -- the phrase in
brackets is deleted.
For the Court - By Direction
/s/ Patricia S. Connor
Clerk
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-2671
JUANITA MAYS,
Plaintiff - Appellant,
versus
MILLIE LEWIS MODELING; BARBARA CORELL, Director,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CA-96-1476-6-20AK)
Submitted: March 27, 1997 Decided: April 2, 1997
Before RUSSELL, LUTTIG, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Juanita Mays, Appellant Pro Se. Fred W. Suggs, Jr., Janet Quick
Lewis, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, Greenville, South
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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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 thirty 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 October 8, 1996;
Appellant's notice of appeal was filed on November 8, 1996. Appel-
lant's failure to note a timely appeal or obtain an extension of
the appeal period leaves this court without jurisdiction to con-
sider the merits of Appellant's appeal. We therefore grant Appel-
lees' motion to dismiss and dismiss the appeal. We dispense with
oral argument because the facts and legal contentions are adequate-
ly presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
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