Lyskoski T. Washington, Petitioner-appellant, v. W.m. Faulconer, Attorney General of Virginia, Respondents-appellees, 877 F.2d 61 (4th Cir. 1989)

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US Court of Appeals for the Fourth Circuit - 877 F.2d 61 (4th Cir. 1989) Submitted April 28, 1989. Decided June 12, 1989

Lyskoski T. Washington, appellant pro se.

Before K.K. HALL, PHILLIPS, and CHAPMAN, Circuit Judges.

PER CURIAM:


Lyskoski T. Washington, a state prisoner, submitted his notice of appeal to prison authorities outside the 30-day period established by Fed. R. App. P. 4(a) (1).*  It was therefore untimely. See Houston v. Lack, 56 U.S.L.W. 4728 (U.S. June 24, 1988) (No. 87-5428). In addition, he 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 the case. We therefore deny a certificate of probable cause to appeal and dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

DISMISSED.

 *

For the purposes of this appeal, we assume that the date Washington placed on the notice of appeal is the earliest date he would have submitted it to prison authorities