Clayburne Scott Williamson v. Virginia Beach Correctional Center Medical and Administration, Defendant

859 F.2d 151, 1988 U.S. App. LEXIS 13731, 1988 WL 97383

• Court: Court of Appeals for the Fourth Circuit
• Decided: September 16, 1988
• Docket: 88-6680
• Status: Unpublished

Opinion

859 F.2d 151
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Clayburne Scott WILLIAMSON, Plaintiff-Appellant,
v.
VIRGINIA BEACH CORRECTIONAL CENTER MEDICAL AND
ADMINISTRATION, Defendant- Appellee.

No. 88-6680.

United States Court of Appeals, Fourth Circuit.

Submitted June 30, 1988.
Decided Sept. 16, 1988.

Clayburne Scott Williamson, appellant pro se.

Before JAMES DICKSON PHILLIPS and WILKINSON, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

Clayburne Scott Williamson noted this appeal outside the 30-day appeal period established by Fed.R.App.P. 4(a)(1), and failed to move for an extension of the appeal period within the additional 30-day period provided by Fed.R.App.P. 4(a)(5). 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. See Shah v. Hutto, 722 F.2d 1167 (4th Cir.1983) (en banc), cert. denied, 466 U.S. 975 (1984). We therefore deny leave to proceed in forma pauperis and dismiss the appeal. We dispense with oral argument because the facts and legal arguments are adequately presented in the materials before the Court and oral argument would not significantly aid the decisional process.

DISMISSED.