Karl Burnett, Plaintiff-appellant, v. Charles Irwin, Subsidiary of the State Street Bank Ofboston, Defendant-appellee, 902 F.2d 27 (4th Cir. 1990)

Annotate this Case
US Court of Appeals for the Fourth Circuit - 902 F.2d 27 (4th Cir. 1990)

Submitted April 2, 1990. Decided April 16, 1990


Appeal from the United States District Court for the District of Maryland, at Baltimore. Joseph C. Howard, District Judge. (C/A No. 89-2007-JH)

Karl Burnett, appellant pro se.

D. Md.

DISMISSED.

Before ERVIN, Chief Judge, and PHILLIPS and CHAPMAN, Circuit Judges.

PER CURIAM:


Karl Burnett 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. We therefore 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