Washington v. Wright

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6059 ROBERT LEE WASHINGTON, Plaintiff - Appellant, versus JUDY A. WRIGHT, Sergeant; LIEUTENANT ELKS; WILLIE WELDON, Warden of Lieber Correctional Institution; MAE BROWN, Head of Classifica- tion; MARVIN POWELL, Investigator, Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Greenville. Joseph F. Anderson, Jr., District Judge. (CA-98-2259-6-17-AK) Submitted: March 11, 1999 Decided: March 18, 1999 Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Robert Lee Washington, Appellant Pro Se. Edwin Warren Moise, GRIM- BALL & CABANISS, Charleston, 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 Unpublished opinions are not binding precedent in this circuit.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 are accorded 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). This appeal period may be extended under Fed. R. App. P. 4(a)(5) or reopened under Fed. R. App. P. 4(a)(6). The district court entered its order on November 24, 1998; Ap- pellant’s notice of appeal was filed on January 5, 1999, which was 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 this 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