Oliver Kinchen, Plaintiff-appellant, v. Western American Seating Co., Inc., J. Raymond Wanamaker,doing Business As Western American Seating Co.,defendants-appellees, 953 F.2d 1391 (10th Cir. 1992)
Annotate this CaseBefore SEYMOUR, STEPHEN H. ANDERSON and BALDOCK, Circuit Judges.*
ORDER AND JUDGMENT**
BALDOCK, Circuit Judge.
Plaintiff-appellant Oliver Kinchen appeals from the judgment entered May 3, 1991, pursuant to a jury verdict in favor of defendants. Plaintiff filed his notice of appeal on June 4, 1991, one day past the thirty-day time limit set forth in Fed. R. App. P. 4(a) (1) (excluding Sunday, June 2, 1991, the thirtieth day). Moreover, plaintiff did not move for an extension of time as provided by Rule 4(a) (5). A timely filed notice of appeal is "mandatory and jurisdictional." Browder v. Director, Dep't of Corrections, 434 U.S. 257, 264 (1978). We therefore DISMISS the appeal for lack of jurisdiction. The mandate shall issue forthwith.
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir.R. 34.1.9. The cause therefore is ordered submitted without oral argument
This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3
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