Sheppard v. Gunn ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-6256
KEITH WENDALL SHEPPARD,
Plaintiff - Appellant,
versus
WILLIAM E. GUNN; DAVID M. BEASLEY, Governor;
CHARLES CONDON,
Defendants - Appellees.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Joseph F. Anderson, Jr., District
Judge. (CA-98-3650-6-17-AK)
Submitted: May 13, 1999 Decided: May 19, 1999
Before WIDENER and MOTZ, Circuit Judges, and BUTZNER, Senior Cir-
cuit Judge.
Dismissed by unpublished per curiam opinion.
Keith Wendall Sheppard, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Keith Wendall Sheppard 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. 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 January 13, 1999;
Sheppard's notice of appeal was dated on February 16, 1999, and
filed on February 18, 1999, which is beyond the thirty-day appeal
period. Sheppard's failure to note a timely appeal or obtain an
extension of the appeal period leaves this court without jurisdic-
tion to consider the merits of his 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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