Ronald Lamar Mitchell, Plaintiff-appellant, v. Thomas R. Israel; W. Colvin R. Wallace, Defendants-appellees, 838 F.2d 467 (4th Cir. 1988)

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US Court of Appeals for the Fourth Circuit - 838 F.2d 467 (4th Cir. 1988)

Submitted: Nov. 23, 1987. Decided: Jan. 14, 1988


Ronald Lamar Mitchell, pro se.

Eric Karl Gould Fiske, Office of the Attorney General, for appellees.

Before DONALD RUSSELL, WIDENER, and WILKINSON, Circuit Judges.

PER CURIAM:


Ronald Lamar Mitchell noted this appeal outside the 30-day appeal period established by Fed. R. App. P. 4(a) (1), and failed to move for an extension of the appeal period within the additional 30-day period provided by Fed. R. App. P. 4(a) (5). 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. See Shah v. Hutto, 722 F.2d 1167 (4th Cir. 1983) (en banc), cert. denied, 466 U.S. 975 (1984). We therefore dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

DISMISSED.