Hogan v. Prince William-Man

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 96-6128 ANTHONY G. HOGAN, Plaintiff - Appellant, versus PRINCE WILLIAM-MANASSAS ADULT DETENTION CENTER, Defendant - Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-95-16-AM) Submitted: February 27, 1996 Decided: March 19, 1996 Before HALL, WILKINS, and LUTTIG, Circuit Judges. Dismissed by unpublished per curiam opinion. Anthony G. Hogan, 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 Unpublished opinions are not binding precedent in this circuit.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 March 29, 1995; Appellant's notice of appeal was filed on December 5, 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 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 2