46 F. 3d 1126 - Sowell v. Constantine
46 F3d 1126 Sowell v. Constantine
46 F.3d 1126
Scott SOWELL, Plaintiff--Appellant,
v.
Gene CONSTANTINE; Edward Adelhardt; Technician Williams;
Thomas Pettiford; Twelve Unknown Policemen; Carroll Young;
Bruce Bower; Dennis J. Chute; Mark Cohen; Lawrence Doan;
Mary Jo Livingston; Kenneth Lavon Johnson; Director of
Security; Ms. Clark; James Davis, Defendants--Appellees.
No. 94-7241.
United States Court of Appeals, Fourth Circuit.
Submitted Dec. 13, 1994.
Decided Jan. 19, 1995.
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Scott Sowell, Appellant Pro Se.
Before WIDENER and NIEMEYER, Circuit Judges, and PHILLIPS, Senior Circuit Judge.
PER CURIAM:
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Appellant noted this appeal outside the thirty-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