Virgil Lee Payne, Plaintiff-appellant, v. Marvin Runyon, Postmaster General, Defendant-appellee, 54 F.3d 773 (4th Cir. 1995)

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US Court of Appeals for the Fourth Circuit - 54 F.3d 773 (4th Cir. 1995)

Submitted: April 20, 1995. Decided: May 19, 1995


Virgil Lee Payne, Appellant Pro Se. Carol A. Casto, Assistant United States Attorney, Charleston, SC, for Appellee.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

PER CURIAM:


Appellant noted this appeal outside the sixty-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 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.

DISMISSED