Larry G. Mcfarland, Plaintiff-appellant, v. Prince George's Government of Prince George's County,maryland, Defendant-appellee, 59 F.3d 167 (4th Cir. 1995)Annotate this Case
Larry G. McFarland, appellant pro se. Jay Heyward Creech, Assistant State's Attorney, Upper Marlboro, MD, for appellee.
Before MURNAGHAN and HAMILTON, Circuit Judges, and BUTZNER, 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 grant Appellee's motion to 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.
We find that the district court did not abuse its discretion by denying Appellant's motion to extend the filing deadline