Sylvester Craighead, Petitioner, v. Director, Office of Workers' Compensation Programs, Unitedstates Department of Labor, Respondent, 918 F.2d 955 (4th Cir. 1990)

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U.S. Court of Appeals for the Fourth Circuit - 918 F.2d 955 (4th Cir. 1990) Submitted Oct. 29, 1990. Decided Nov. 20, 1990

Sylvester Craighead, appellant pro se.

Steven D. Breeskin, Jeffrey Steven Goldberg, Donald Steven Shire, Barbara J. Johnson, United States Department of Labor, Washington, D.C., for respondent.



Before WIDENER, PHILLIPS and WILKINSON, Circuit Judges.


Sylvester Craighead seeks review of the Benefits Review Board's decision and order affirming the administrative law judge's denial of black lung benefits pursuant to 30 U.S.C. §§ 901 et seq. Our review of the record discloses that Craighead noted this appeal outside the 60-day appeal period established by 33 U.S.C. § 921(c). See also 20 C.F.R. Secs. 802.406 and 802.410(a). Appellant's failure to note a timely appeal deprives this Court of jurisdiction to consider this case. See Adkins v. Director, OWCP, 889 F.2d 1360 (4th Cir. 1989). 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.