The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7728
JEROME JULIUS BROWN, SR.,
Petitioner - Appellant,
versus
STATE OF MARYLAND; ATTORNEY GENERAL OF THE
STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-95-
2459-L)
Submitted: December 12, 1995 Decided: January 5, 1996
Before HAMILTON and MICHAEL, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jerome Julius Brown, Sr., Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
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)). The
district court entered its order on September 5, 1995; Appellant's
notice of appeal was filed on October 13, 1995. 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 dis-
miss 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
2