McKinney v. Greenville Cnty Sch ( 1998 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-1337
SHIRLEY S. MCKINNEY,
Plaintiff - Appellant,
versus
GREENVILLE COUNTY SCHOOL DISTRICT,
Defendant - Appellee.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CA-96-2202-6-20AK)
Submitted: May 28, 1998 Decided: June 10, 1998
Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Shirley S. McKinney, Appellant Pro Se. Edwin Brown Parkinson, Jr.,
Hamlet Sam Mabry III, HAYNSWORTH, MARION, MCKAY & GUERARD, Green-
ville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Shirley S. McKinney filed an untimely notice of appeal. We
dismiss 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. See 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).
The district court entered its order on December 19, 1997;
McKinney's notice of appeal was filed on March 4, 1998, which is
beyond the thirty-day appeal period. McKinney's failure to note a
timely appeal or obtain an extension of the appeal period leaves
this court without jurisdiction to consider the merits of
McKinney'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
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