Daryl R. Ricks v. City of Norfolk Sheriff's Department David Mapp, Sheriff

905 F.2d 1531, 1990 U.S. App. LEXIS 8200, 1990 WL 73463

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 21, 1990
• Docket: 89-7213
• Status: Unpublished

Opinion

905 F.2d 1531
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Daryl R. RICKS, Plaintiff-Appellant,
v.
CITY OF NORFOLK SHERIFF'S DEPARTMENT; David Mapp, Sheriff,
Defendants-Appellees.

No. 89-7213.

United States Court of Appeals, Fourth Circuit.

Submitted May 7, 1990.
Decided May 21, 1990.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, District Judge. (C/A No. 88-135-A)

Daryl R. Ricks, appellant pro se.

David Charles Bowen, Willcox & Savage, Norfolk, Va., for appellees.

E.D.Va.

DISMISSED.

Before ERVIN, Chief Judge, and CHAPMAN and WILKINS, Circuit Judges.

PER CURIAM:

Daryl R. Ricks 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. 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.