848 F. 2d 185 - Holley v. Carr
848 F2d 185 Holley v. Carr
848 F.2d 185
Unpublished Disposition
Francis Russell HOLLEY, Plaintiff-Appellant,
v.
Dentist, Elaine CARR; Maryland State Penitentiary Hospital;
State of Maryland Division Correctional
Institution, Defendants-Appellees.
No. 87-6656.
United States Court of Appeals, Fourth Circuit.
Submitted: March 4, 1988.
Decided: May 18, 1988.
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.
Francis Russell Holley, appellant pro se.
Rex Charles Schultz, Assistant Attorney General, for appellees.
Before K.K. HALL, JAMES DICKSON PHILLIPS and CHAPMAN, Circuit Judges.
PER CURIAM:
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Appellant Francis Russell Holley 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 to 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.