996 F. 2d 1211 - Head Head

In No. 93-6201, Joseph Marion Head, Jr., appeals from the district court's order dismissing Head's fifty-seven pleadings pursuant to 28 U.S.C. § 1915(d) (1988). Our review of the record and the district court's opinion discloses that this appeal is without merit. Accordingly, we affirm on the reasoning of the district court. In re: Joseph Marion Head, Jr., No. CA-93-16-4 (W.D.N.C. Feb. 1, 1993).

In No. 93-6202, Head noted the appeal outside the thirty-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 thirty-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. 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. The motions for appointment of counsel and for oral argument are denied.

No. 93-6201, AFFIRMED No. 93-6202, DISMISSED