Roy M. Sexton, Sr., Plaintiff-appellant, v. Louis W. Sullivan, Secretary of Health and Human Services,defendant-appellee, 952 F.2d 396 (4th Cir. 1991)Annotate this Case
Appeal from the United States District Court for the Western District of Virginia, at Big Stone Gap. (CA-89-157-B), Glen M. Williams, Senior District Judge.
Roy Sexton, appellant pro se.
Ray Burton Fitzgerald, Jr., Office of the United States Attorney, Roanoke, Va.; Lori Riye Karimoto, Department of Health & Human Services, Philadelphia, Pa., for appellee.
Before DONALD RUSSELL, MURNAGHAN and NIEMEYER, Circuit Judges.
Roy Sexton noted this appeal outside the sixty-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 thirty-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 grant the Appellee's motion to dismiss and dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.