Linville W. Hawthorne, Plaintiff Appellant, v. Ron Gregory, Commissioner of the West Virginia Department Ofcorrections; R. Michael Mangum, Sheriff of Raleigh County;john M. Panza, Director of Rehabilitation Services for Thestate of West Virginia, Defendants Appellees, 25 F.3d 1039 (4th Cir. 1994)

PER CURIAM

Appellant noted this appeal outside the thirty-day appeal period established by Fed. R. App. P. 4(a) (1), failed to obtain an extension of the appeal period within the additional thirty-day period provided by Fed. R. App. P. 4(a) (5), and is not entitled to relief under Fed. R. App. P. 4(a) (6). 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 grant the motion to dismiss the appeal and 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.

DISMISSED