Powell v. Division of Corr ( 1996 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7965
JOHNNY DEAN POWELL,
Petitioner - Appellant,
versus
DIVISION OF CORRECTION; ATTORNEY GENERAL OF
THE STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt. Deborah K. Chasanow, District Judge. (CA-
95-2105-DKC)
Submitted: April 15, 1996 Decided: April 30, 1996
Before ERVIN and MOTZ, Circuit Judges, and CHAPMAN, Senior Circuit
Judge.
Dismissed by unpublished per curiam opinion.
Johnny Dean Powell, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
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)). The district
court entered its order on August 1, 1995; Appellant's notice of
appeal was filed on November 8, 1995. Appellant's failure to note
a timely appeal or obtain an extension of the appeal period de-
prives this court of jurisdiction to consider this case. We there-
fore deny a certificate of probable cause to appeal and 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
2