Herman Shoop, Petitioner, v. Flat Gap Mining Company, Director, Office of Workers'compensation Programs, United States Department Oflabor, Respondents, 934 F.2d 320 (4th Cir. 1991)

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US Court of Appeals for the Fourth Circuit - 934 F.2d 320 (4th Cir. 1991) Submitted May 6, 1991. Decided May 28, 1991

On Petition for Review of an Order of the Benefits Review Board. (88-2760-BLA)

Herman Shoop, petitioner pro se.

Harry Ashby Dickerson, Penn, Stuart, Eskridge & Jones, Abingdon, Va., Priscilla Anne Schwab, Barbara J. Johnson, United States Department of Labor, Washington, D.C., for respondents.

Ben.Rev.Bd.

DISMISSED.

Before DONALD RUSSELL, WILKINSON and WILKINS, Circuit Judges.

PER CURIAM:


Herman Shoop 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 Shoop 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). Petitioner'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 grant respondent's motion and 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.