Decarlos Adrian Kelly, Plaintiff-appellant, v. Alpha Plasma Center, Defendant-appellee.decarlos Adrian Kelly, Plaintiff-appellant, v. the United States Department of Health and Human Services,social Security Administration, Defendant-appellee, 16 F.3d 410 (4th Cir. 1994)

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US Court of Appeals for the Fourth Circuit - 16 F.3d 410 (4th Cir. 1994)

Submitted Jan. 20, 1994. Decided Feb. 2, 1994

Appeals from the United States District Court for the District of South Carolina, at Spartanburg. Dennis W. Shedd, District Judge. (CA-93-218-7-19BC, CA-93-72-7-19-BC).

DeCarlos Adrian Kelly, pro se.



Before WIDENER, WILKINS, and HAMILTON, Circuit Judges.


Appellant noted his appeal in case No. 93-2333 outside the thirty-day appeal period established by Fed. R. App. P. 4(a) (1) and noted his appeal in case No. 93-2334 outside the sixty-day appeal period established by Fed. R. App. P. 4(a) (1) for cases where a United States agency is a party. 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 timely appeals or obtain extensions of the appeal period deprives this Court of jurisdiction to consider these cases. We therefore dismiss the appeals. 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.