Green v. Liller

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-6025 MARY M. GREEN, Petitioner - Appellant, versus JAMES LILLER, Superintendent, Pruntytown Correctional Center, Respondent - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Huntington. Joseph Robert Goodwin, District Judge. (CA-95-1090-3) Submitted: March 27, 1997 Decided: April 11, 1997 Before RUSSELL, LUTTIG, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Mary M. Green, Appellant Pro Se. Darrell V. McGraw, Jr., Dawn E. Warfield, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charles- ton, West 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 Unpublished opinions are not binding precedent in this circuit.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 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 judg- ments 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 September 16, 1996; Appellant's notice of appeal was filed on October 18, 1996. Appel- lant's failure to note a timely appeal or obtain an extension of the appeal period leaves this court without jurisdiction to con- sider the merits of Appellant's appeal. We therefore deny a certif- icate of appealability and dismiss the appeal. We deny Appellant's motion for appointment of counsel and 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