56 F3d 62 Roberts v. Gee

Robert Darnell ROBERTS, a/k/a Abdullah Rahim-ibn-Talal,
Petitioner--Appellant,
v.
Archie GEE; Attorney General of The State of Maryland;
Mark A. Faber, Esq.; Edward D.E. Rollins, Jr.,
Hon., Respondents--Appellees.

No. 95-6323.

United States Court of Appeals, Fourth Circuit.

Submitted: April 20, 1995
Decided: May 30, 1995

56 F.3d 62
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Robert Darnell Roberts, Appellant Pro Se.

Before WIDENER, WILKINSON, and WILKINS, Circuit Judges.

PER CURIAM:

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1

Appellant noted this appeal outside the thirty-day appeal period established by Fed. R.App. P. 4(a)(1), failed to obtain an extension of the appeal period within the additional thirty-day period provided by Fed. R.App. P. 4(a)(5), and is not entitled to relief under Fed. R.App. P. 4(a)(6). The time periods established by Fed. R.App. P. 4 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)). Appellant's failure to note a timely appeal or obtain an extension of the appeal period deprives this Court of jurisdiction to consider this case. We therefore deny a certificate of probable cause to appeal and 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 decisional process.

DISMISSED