UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 97-2085
FRED WOMBLE,
Plaintiff - Appellant,
versus
CLARKSBURG POST OFFICE; CLARKSBURG POLICE
DEPARTMENT,
Defendants - Appellees.
Appeal from the United States District Court for the Northern Dis-
trict of West Virginia, at Clarksburg. William M. Kidd, Senior
District Judge. (CA-96-154-1)
Submitted: January 15, 1998 Decided: January 27, 1998
Before MURNAGHAN and LUTTIG, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Fred Womble, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.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 sixty days, if the
United States is a party, 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 September 27, 1996;
Appellant's notice of appeal was filed on August 11, 1997, which is
beyond the appeal period. Appellant's failure to note a timely ap-
peal or obtain an extension of the appeal period leaves this court
without jurisdiction to consider the merits of Appellant's appeal.
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 deci-
sional process.
DISMISSED
2