Ronald L. Williams, Plaintiff-appellant, v. Ezekiea Gadson; Gregory D. Deloach; J. Sullivan Newman;kevin Honvy; E.c. Burnett, Iii, Judge,defendants-appellees, 72 F.3d 128 (4th Cir. 1995)Annotate this Case
Appeal from the United States District Court for the District of South Carolina, at Greenville. Cameron McGowan Currie, District Judge. (CA-95-1586-6-22AK)
Ronald L. Williams, Appellant Pro Se.
Before MICHAEL and MOTZ, 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)). The district court entered its order on June 12, 1995; Appellant's notice of appeal was filed on August 14, 1995. 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.