UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-2351
In Re: TAMOJIRA, INCORPORATED,
Debtor.
_________________________
B. VANDENBURG HALL,
Plaintiff - Appellant,
versus
SHERMAN B. LUBMAN, Trustee,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of Virginia, at Richmond. James R. Spencer, District Judge.
(CA-98-124-3, BK-94-34438-T)
Submitted: November 5, 1998 Decided: November 18, 1998
Before ERVIN, LUTTIG, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
B. Vandenburg Hall, Appellant Pro Se. Michael Allen Condyles,
MALONEY, HUENNEKENS, PARKS, GECKER & PARSONS, Richmond, Virginia,
for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
B. Vandenburg Hall 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 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 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 August 10, 1998;
Hall’s notice of appeal was filed on September 10, 1998. Hall’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 Hall’s appeal. We
therefore dismiss the appeal. We dispense with oral argument be-
cause the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
DISMISSED
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