Gibson v. State of North Carl

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-7895
JAMES MASON GIBSON,
Petitioner - Appellant,
versus
STATE OF NORTH CAROLINA,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Malcolm J. Howard, District
Judge. (CA-95-906-5-HC-H)
Submitted: April 17, 1997 Decided: May 2, 1997
Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
James Mason Gibson, Appellant Pro Se. Clarence Joe DelForge, III,
OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North
Carolina, 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Unpublished opinions are not binding precedent in this circuit.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." 1 Parties to civil actions have thirty days within
which to file in the district court notices of appeal from judg-
ments or final orders.2 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 July 11, 1996; Appel-
lant's notice of appeal was filed on November 29, 1996. 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 Appellant'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 materials before the court and argument would not
aid the decisional process.
DISMISSED
1
Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264
(1978) (quoting United States v. Robinson, 361 U.S. 220, 229
(1960)).
2
FED. R. APP. P. 4(a)(1).
2