The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 96-6823
THOMAS ADAM ELLINGTON, JR.,
Plaintiff - Appellant,
versus
FRANK R. BROWN,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern Dis-
trict of North Carolina, at Raleigh. Terrence W. Boyle, District
Judge. (CA-96-245-5-BO)
Submitted: July 23, 1996 Decided: August 6, 1996
Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Thomas Adam Ellington, Jr, 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Unpublished opinions are not binding precedent in this circuit.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 April 2, 1996; Appellant's notice of
appeal was filed on May 20, 1996. 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 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
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