Glenn v. Two Employees ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-1122
GURLEY E. GLENN,
Plaintiff - Appellant,
versus
TWO EMPLOYEES OF THE PUBLIC SERVICE COMPANY OF
NORTH CAROLINA, INCORPORATED,
Defendants - Appellees.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. William L. Osteen, District
Judge. (CA-98-498-1)
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Dismissed by unpublished per curiam opinion.
Gurley E. Glenn, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Gurley E. Glenn 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 "man-
datory and jurisdictional." Browder v. Director, Dep't of Correc-
tions, 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 December 18, 1998;
Glenn's notice of appeal was filed on January 20, 1999, which is
beyond the thirty-day appeal period. Glenn'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 this ap-
peal. We therefore deny leave to proceed in forma pauperis and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional
process.
DISMISSED
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