Samuel Jones, Plaintiff-appellant, v. Kenneth Evans; Williamsburg County Sheriff's Department;debra Rodgers; Wayne Lambert, Defendants-appellees, 848 F.2d 185 (4th Cir. 1988)

Samuel Jones appeals the district court's dismissal of his 42 U.S.C. § 1983 action. He alleged below that the defendants had conducted an unconstitutional search and seizure which had led to his arrest and conviction. We dismiss the appeal for lack of jurisdiction.

The district court dismissed Jones' suit on June 9, 1987. Jones filed his notice of appeal on July 20, 1987, well past the thirty-day period for noting an appeal. See Fed. R. App. P. 4(a) (1).¹  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)). Jones' failure to note a timely appeal deprives this Court of jurisdiction to consider this case. We therefore dismiss the appeal. We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not significantly aid the decisional process.

DISMISSED.