Laron W. McClelland v. Therman Warren, Officer

842 F.2d 1291, 1988 U.S. App. LEXIS 3437, 1988 WL 25311

Opinion

842 F.2d 1291
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Laron W. McCLELLAND, Plaintiff-Appellant,
v.
Therman WARREN, Officer, Defendant-Appellee.

No. 87-6721.

United States Court of Appeals, Fourth Circuit.

Submitted Jan. 28, 1988.
Decided March 21, 1988.

Laron W. McClelland, appellant pro se.

Sylvia Hargett Thibaut, Assistant Attorney General.

Before DONALD RUSSELL, WIDENER and JAMES DICKSON PHILLIPS, Circuit Judges.

PER CURIAM:

Laron McClelland 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 dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

DISMISSED.