Webb v. Smith

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-8540 LEE MARVIN WEBB, Plaintiff - Appellant, versus DAVID L. SMITH, Defendant - Appellee. Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, District Judge. (CA-95-876-R) Submitted: February 7, 1996 Decided: February 29, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Lee Marvin Webb, 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 Unpublished opinions are not binding precedent in this circuit.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 period established by Fed. R. App. P. 4(a)(1), failed to obtain an exten- sion 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. Direc- tor, Dep't of Corrections, 434 U.S. 257, 264 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229 (1960)). The district court dismissed Appellant's action by order entered August 22, 1995. On October 10, 1995, Appellant filed some papers which the district court construed as a motion for reconsid- eration. The district court denied the motion for reconsideration on October 27, 1995. Appellant filed his notice of appeal on Decem- ber 13, 1995. Appellant's failure to note a timely appeal or obtain an extension of the appeal period deprives this court of jurisdic- tion 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. DISMISSED 2