Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.ronald Jerry Sawyer, Plaintiff--appellant, v. G.d. Johnson, Major; B.f. Ferguson, Captain; Officercatron; J. Russell, Jr., Correctional Officer; David R.boehm, Program Director; K.l. Osborne, Warden;correctional Officer Stamper; Correctional Officer Connors;ron Angelone; Kenneth Moore, Internal Affairs; R.a.young, Defendants--appellees, 92 F.3d 1181 (4th Cir. 1996)

Appellant appeals the magistrate judge's order denying his motion to compel discovery. We dismiss the appeal for lack of jurisdiction because the order is not appealable. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory or collateral order.

Further, 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 dismiss the appeal for lack of jurisdiction. 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.