Cornelius Tucker, Jr., Plaintiff-appellant, v. Gary Dixon; North Carolina Attorney General; State Ofnorth Carolina, Respondents-appellees, 50 F.3d 8 (4th Cir. 1995)Annotate this Case
Submitted: February 16, 1995Decided: March 20, 1995
Appeal from the United States District Court for the Middle District of North Carolina, at Winston-Salem. Norwood Carlton Tilley, Jr., District Judge. (CA-94-222-6)
Cornelius Tucker, Jr., Appellant Pro Se.
Richard Norwood League, Office of the Attorney General of North Carolina, Raleigh, NC, for Appellees.
Before HAMILTON and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit Judge.
Appellant noted this appeal outside the thirty-day appeal period established by Fed. R. App. P. 4(a) (1), failed to obtain an extension of the appeal period within the additional thirty-day period provided by Fed. R. App. P. 4(a) (5), and is not entitled to relief under Fed. R. App. P. 4(a) (6). 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 deny a certificate of probable cause to appeal 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.
Appellant's motion for "stay of proceedings for probable cause" is denied