Jackson v. Moore

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 97-7674 RONALD FLOYD JACKSON, Plaintiff - Appellant, versus MICHAEL MOORE; WILLIAM R. DAVIS, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Patrick Michael Duffy, District Judge. (CA-97-1116-6-23AK) Submitted: June 18, 1998 Decided: July 2, 1998 Before MURNAGHAN and WILKINS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ronald Floyd Jackson, Appellant Pro Se. Robert Eric Petersen, William Ansel Collins, Jr., SOUTH CAROLINA DEPARTMENT OF CORREC- TIONS, Columbia, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit.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 October 8, 1997; Appellant’s notice of appeal was filed on November 14, 1997, which is beyond the thirty-day appeal period. Appellant’s failure to note a timely appeal or obtain an extension of the appeal period leaves this court without jurisdiction to consider the merits of Appel- lant’s appeal. We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequate- ly presented in the materials before the court and argument would not aid the decisional process. DISMISSED 2