James Sullivan, Jr., Petitioner-appellant, v. James E. Johnson, Attorney General of Virginia, Respondents-appellees, 854 F.2d 1317 (4th Cir. 1988)

James Sullivan, Jr., noted this appeal from the district court's order in C/A No. 87-1033-AM outside the 30-day appeal period established by Fed. R. App. P. 4(a) (1), and failed to move for an extension of the appeal period within the additional 30-day period provided by Fed. R. App. P. 4(a) (5). 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)). Appellant's failure to note a timely appeal or obtain an extension of the appeal period in C/A No. 87-1033-AM deprives this Court of jurisdiction to consider the case. See Shah v. Hutto, 722 F.2d 1167 (4th Cir. 1983) (en banc), cert. denied, 466 U.S. 975 (1984). We therefore deny a certificate of probable cause to appeal and dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

DISMISSED.