Charles Edward Avery v. George Reid, Sheriff, McCormick County McCormick County Sheriff's Department

60 F.3d 820, 1995 U.S. App. LEXIS 24742, 1995 WL 382101

• Court: Court of Appeals for the Fourth Circuit
• Decided: June 28, 1995
• Docket: 95-6494
• Status: Published

Opinion

60 F.3d 820
NOTICE: Fourth Circuit Local Rule 36(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Charles Edward AVERY, Plaintiff--Appellant,
v.
George REID, Sheriff, Mccormick County; Mccormick County
Sheriff's Department, Defendants--Appellees.

No. 95-6494.

United States Court of Appeals, Fourth Circuit.

Submitted: May 18, 1995.
Decided: June 28, 1995.

Charles Edward Avery, Appellant Pro Se. James Victor McDade, DOYLE & O'ROURKE, Anderson, SC, for Appellees.

Before NIEMEYER and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

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 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.