Kent Galand, Plaintiff-appellant, v. M. W. Dufford, Director, Division of Motor Vehicles,defendant-appellee.kent Galand, Plaintiff-appellant, v. M. W. Dufford, Director, Division of Motor Vehicles,defendant-appellee, 989 F.2d 492 (4th Cir. 1993)

In No. 92-2120, Kent Galand seeks to appeal the district court's final judgment dismissing his declaratory judgment action. However, he filed his notice of appeal outside the thirty-day appeal period established by Fed. R. App. P. 4(a) (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)). Appellant's failure to note a timely appeal or to obtain an extension of the appeal period deprives this Court of jurisdiction to consider that case. Therefore, we dismiss the appeal in No. 92-2120.

In No. 93-1046, Galand appeals from the district court's order denying his motion for an extension of time in which to appeal, pursuant to Fed. R. App. P. 4(a) (5). Our review of the record and the district court's opinion fails to disclose an abuse of discretion. Therefore, we affirm in No. 93-1046.

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.

No. 92-2120-DISMISSED No. 93-1046-AFFIRMED