Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.franklin Lee Minor, Sr., Plaintiff--appellant, v. U.S. Attorney General, Defendant--appellee, 106 F.3d 391 (4th Cir. 1997)Annotate this Case
Appeal from the United States District Court for the District of Maryland, at Baltimore. Frank A. Kaufman, Senior District Judge. (CA-96-1374-K)
Before RUSSELL, WILKINS, and WILLIAMS, Circuit Judges.
Franklin Lee Minor, Sr., Appellant Pro Se.
George Levi Russell, III, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee.
Franklin Lee Minor, Sr., filed an untimely notice of appeal. We dismiss for lack of jurisdiction. The time periods for filing notices of appeal are governed by Fed. R. App. P. 4. These periods 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)). Parties to civil actions have sixty days within which to file in the district court notices of appeal from judgments or final orders. Fed. R. App. P. 4(a) (1). The only exceptions to the appeal period are when the district court extends the time to appeal under Fed. R. App. P. 4(a) (5) or reopens the appeal period under Fed. R. App. P. 4(a) (6).
The district court entered its order on May 13, 1996; Appellant's notice of appeal was filed on September 16, 1996. Appellant's failure to note a timely appeal or obtain either an extension or a reopening of the appeal period leaves this court without jurisdiction to consider the merits of Appellant's appeal. 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.