Derek Mathias, Plaintiff-appellant,andandre Ross; Larry Cole, Jr., Plaintiffs, v. Tommy W. Allen, Jr., Defendant-appellee, 52 F.3d 321 (4th Cir. 1995)

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US Court of Appeals for the Fourth Circuit - 52 F.3d 321 (4th Cir. 1995) Submitted: March 15, 1995. Decided: April 12, 1995

Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Robert D. Potter, Senior District Judge. (CA-94-212-P)

Derek Mathias, Appellant Pro Se. Grady Michael Barnhill, Womble, Carlyle, SAndridge & Rice, Charlotte, NC, for Appellee.

Before RUSSELL and WILLIAMS, Circuit Judges, and CHAPMAN, Senior Circuit Judge.

PER CURIAM:


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 grant Appellee's motion to dismiss the appeal as untimely. 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.