UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6392
JEFFREY S. BLANEY,
Petitioner - Appellant,
versus
EDWARD MURRAY, Director,
Respondent - Appellee.
Appeal from the United States District Court for the Eastern
District of Virginia, at Alexandria. T. S. Ellis, III, District
Judge. (CA-93-1502-AM)
Submitted: August 27, 1996 Decided: September 10, 1996
Before HAMILTON, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Jeffrey S. Blaney, Appellant Pro Se. Mark Ralph Davis, OFFICE OF
THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Appellant filed an untimely notice of appeal. We dismiss the
appeal 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 jurisdiction-
al." 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).
Appellant's failure to file a timely notice of appeal or to
obtain either an extension or a reopening of the appeal period
leaves this court without jurisdiction to consider the merits of
Appellant's appeal. We therefore deny a certificate of probable
cause to appeal; to the extent that a certificate of appealability
is required, we deny such a certificate 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