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842 F.2d 1291

Docket No. 87-6721.

McClelland v. Warren

Fourth Circuit Court of Appeals

Submitted Jan. 28, 1988. Decided March 21, 1988.

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Fourth Circuit Court of Appeals · decided 1988-03-21

Relies on Browder v. Director Department of Corrections of Illinois · United States v. Robinson · Riverbend Farms, Inc. v. Agricultural Labor Relations Board

Opinion by Per Curiam · Decided 1988-03-21

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Fourth Circuit.

Laron W. McClelland, appellant pro se.

Sylvia Hargett Thibaut, Assistant Attorney General.

Before DONALD RUSSELL, WIDENER and JAMES DICKSON PHILLIPS, Circuit Judges.

PER CURIAM:

¶1

Laron McClelland noted this appeal outside the 30-day appeal period established by Fed.R.App.P. 4(a)(1), and failed to move for an extension of the appeal period within the additional 30-day period provided by Fed.R.App.P. 4(a)(5). 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. See Shah v. Hutto, 722 F.2d 1167 (4th Cir.1983) (en banc), cert. denied, 466 U.S. 975 (1984). We therefore dismiss the appeal. We dispense with oral argument because the dispositive issues recently have been decided authoritatively.

¶2

DISMISSED.

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