Notice: Fourth Circuit Local Rule 36(c) States That Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Fourth Circuit.roy Anthony Smith, Plaintiff-appellant, v. John A. Holland, Jr., M.d., Defendant-appellee, 86 F.3d 1152 (4th Cir. 1996)Annotate this Case
Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. David G. Lowe, Magistrate Judge. (CA-94-819)
Roy Anthony Smith, Appellant Pro Se. Michael Eugene Ornoff, PENDER & COWARD, Virginia Beach, Virginia, for Appellee.
Before RUSSELL, LUTTIG, and WILLIAMS, Circuit Judges.
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 May 22, 1995; Appellant's notice of appeal was filed on Dec. 19, 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 grant Appellee's motion to dismiss the appeal. We deny Appellant's motion for appointment of counsel. 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.