Virgil Lee Payne v. Marvin Runyon, Postmaster General

54 F.3d 773, 1995 U.S. App. LEXIS 17424, 1995 WL 308897

• Court: Court of Appeals for the Fourth Circuit
• Decided: May 19, 1995
• Docket: 95-1117
• Status: Published

Opinion

54 F.3d 773
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Virgil Lee PAYNE, Plaintiff-Appellant,
v.
Marvin RUNYON, Postmaster General, Defendant-Appellee.

No. 95-1117.

United States Court of Appeals, Fourth Circuit.

Submitted: April 20, 1995.
Decided: May 19, 1995.

Virgil Lee Payne, Appellant Pro Se. Carol A. Casto, Assistant United States Attorney, Charleston, SC, for Appellee.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

PER CURIAM:

Appellant noted this appeal outside the sixty-day appeal period established by Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within the additional thirty-day period provided by Fed. R.App. P. 4(a)(5), and is not entitled to relief under Fed. R.App. P. 4(a)(6). 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.

DISMISSED