Stanley Bernard Holmes, Petitioner-appellant, v. Frank H. Horton, Jr., Attorney General of South Carolina,,respondents-appellees, 883 F.2d 69 (4th Cir. 1989)

Stanley Bernard Holmes noted this appeal outside the 30-day period established by Fed. R. App. P. 4(1) (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. 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.