James Sullivan, Jr. v. James E. Johnson, Attorney General of Virginia

854 F.2d 1317, 1988 U.S. App. LEXIS 11796, 1988 WL 83352

• Court: Court of Appeals for the Fourth Circuit
• Decided: August 12, 1988
• Docket: 87-6726
• Status: Unpublished

Opinion

854 F.2d 1317
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
James SULLIVAN, Jr., Petitioner-Appellant,
v.
James E. JOHNSON, Attorney General of Virginia, Respondents-Appellees.

No. 87-6726.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 24, 1988.
Decided Aug. 12, 1988.

James Sullivan, Jr., appellant pro se.

Before SPROUSE and CHAPMAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

PER CURIAM:

James Sullivan, Jr., noted this appeal from the district court's order in C/A No. 87-1033-AM 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 in C/A No. 87-1033-AM deprives this Court of jurisdiction to consider the case. See Shah v. Hutto, 722 F.2d 1167 (4th Cir.1983) (en banc), cert. denied, 466 U.S. 975 (1984). We therefore deny a certificate of probable cause to appeal and dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

DISMISSED.