Willie G. Ward, Sr.; Shelvy J. Ward, Plaintiffs-appellants, v. Edward F. Huggins; Michael A. Smith, Defendants-appellees, 902 F.2d 30 (4th Cir. 1990)Annotate this Case
Submitted April 2, 1990. Decided April 12, 1990
Appeal from the United States District Court for the Eastern District of North Carolina, at Elizabeth City. Franklin T. Dupree, Jr., Senior District Judge. (C/A No. 88-66-2-CIV)
Willie G. Ward, Sr., Shelvy J. Ward, appellants pro se.
Edward F. Huggins, Michael A. Smith, appellees.
Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.
Willie G. Ward, Sr. and Shelvy J. Ward noted this appeal 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 deprives this Court of jurisdiction to consider this case. We therefore 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.