Clarence Garfield Buffalo, Plaintiff-appellant, v. Bill Clinton, Defendant-appellee, 74 F.3d 1230 (4th Cir. 1996)Annotate this Case
Clarence Garfield Buffalo, Appellant Pro Se.
Before RUSSELL, HALL, and WILKINSON, Circuit Judges.
Appellant noted this appeal outside the 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 January 11, 1995; Appellant's notice of appeal was filed on September 27, 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 deny leave to proceed in forma pauperis 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.