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Sacilotto v. Baltimore Cnty, 95-2989 (1996)

Court: Court of Appeals for the Fourth Circuit Number: 95-2989 Visitors: 9
Filed: Jan. 31, 1996
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-2989 BONITA DOROTHY SACILOTTO, Plaintiff - Appellant, versus BALTIMORE COUNTY POLICE DEPARTMENT, Precinct II; SERGEANT MENTZER; JAMES JOHNSON, Defendants - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Chief District Judge. (CA-94-2416-JFM) Submitted: January 18, 1996 Decided: January 31, 1996 Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Se
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                            UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT



                            No. 95-2989



BONITA DOROTHY SACILOTTO,

                                              Plaintiff - Appellant,

         versus

BALTIMORE COUNTY POLICE DEPARTMENT, Precinct
II; SERGEANT MENTZER; JAMES JOHNSON,

                                             Defendants - Appellees.



Appeal from the United States District Court for the District of
Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.
(CA-94-2416-JFM)


Submitted:   January 18, 1996             Decided:   January 31, 1996


Before HAMILTON and LUTTIG, Circuit Judges, and CHAPMAN, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.


Bonita Dorothy Sacilotto, Appellant Pro Se. Michael Allan Fry,
Assistant Solicitor, Towson, Maryland, for Appellees.


Unpublished opinions are not binding precedent in this circuit.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 June 27, 1995; Appellant's notice of ap-

peal was filed on November 6, 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. Accordingly, we

grant Appellees' motion and dismiss the 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

Source:  CourtListener

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