953 F.2d 1391: Stephen Moore, Plaintiff-appellant, v. Harlan Bockman, John E. Popovich, and Lucinda Bruner,defendants-appellees
United States Court of Appeals, Tenth Circuit. - 953 F.2d 1391
Feb. 4, 1992
Before SEYMOUR, STEPHEN H. ANDERSON and BALDOCK, Circuit Judges.*
BALDOCK, Circuit Judge.
Plaintiff-appellant Stephen Moore appeals from an order entered August 26, 1991, dismissing his civil rights complaint brought under 42 U.S.C. § 1983. Plaintiff filed his notice of appeal on September 30, 1991, five days past the thirty-day time limit set forth in Fed.R.App.P. 4(a)(1). 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.