Reginald L. Frazier v. North Carolina State Bar Thomas Lundsford, Director

Fourth Circuit

Reginald L. Frazier v. North Carolina State Bar Thomas Lundsford, Director

59 F.3d 166, 1995 U.S. App. LEXIS 23400, 1995 WL 370806

Court of Appeals for the Fourth Circuit·Decided June 20, 1995·No. 95-1233·Published

Opinion

59 F.3d 166
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Reginald L. FRAZIER, Plaintiff--Appellant,
v.
North Carolina State Bar; Thomas LUNDSFORD, Director,
Defendants--Appellees.

No. 95-1233.

United States Court of Appeals, Fourth Circuit.

Submitted May 18, 1995
Decided June 20, 1995.

Reginald L. Frazier, Appellant Pro Se. Aldert Root Edmonson, NORTH CAROLINA STATE BAR, Raleigh, North Carolina, for Appellees.

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

PER CURIAM:

Appellant filed an untimely notice of appeal. We dismiss the appeal for lack of jurisdiction.

The time periods for filing notices of appeal are governed by Fed. R.App. P. 4. These periods 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)). Parties to civil actions have thirty days within which to file in the district court notices of appeal from judgments or final orders. Fed. R.App. P. 4(a)(1). The only exceptions to the appeal period are when the district court extends the time to appeal under Fed. R.App. P. 4(a)(5) or reopens the appeal period under Fed. R.App. P. 4(a)(6).

Appellant's failure to file a timely notice of appeal or to obtain either an extension or a reopening of the appeal period leaves this court without jurisdiction to consider the merits of Appellant's appeal. 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

*

Frazier's motions for stay and for the record and transcript are denied

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59 F.3d 166
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished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.

Reginald L. FRAZIER, Plaintiff--Appellant,
v.
North Carolina State Bar; Thomas LUNDSFORD, Director,
Defendants--Appellees.

No. 95-1233.

United States Court of Appeals, Fourth Circuit.

Submitted May 18, 1995
Decided June 20, 1995.

Reginald L. Frazier, Appellant Pro Se. Aldert Root Edmonson, NORTH CAROLINA STATE BAR, Raleigh, North Carolina, for Appellees.

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

PER CURIAM:

Appellant filed an untimely notice of appeal. We dismiss the appeal for lack of jurisdiction.

The time periods for filing notices of appeal are governed by Fed. R.App. P. 4. These periods 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)). Parties to civil actions have thirty days within which to file in the district court notices of appeal from judgments or final orders. Fed. R.App. P. 4(a)(1). The only exceptions to the appeal period are when the district court extends the time to appeal under Fed. R.App. P. 4(a)(5) or reopens the appeal period under Fed. R.App. P. 4(a)(6).

Appellant's failure to file a timely notice of appeal or to obtain either an extension or a reopening of the appeal period leaves this court without jurisdiction to consider the merits of Appellant's appeal. 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

*

Frazier's motions for stay and for the record and transcript are denied

Reginald L. Frazier v. North Carolina State Bar Thomas Lundsford, Director, 59 F.3d 166, 1995 U.S. App. LEXIS 23400, 1995 WL 370806 (4th Cir. 1995).

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