Filed: Sep. 23, 1998
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-2050 TOMMIE E. BECTOR, JR., Plaintiff - Appellant, versus HARTE HANKS MARKETING, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-96- 2462-AMD) Submitted: September 10, 1998 Decided: September 23, 1998 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Tommie E. Bector, Jr., Appell
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-2050 TOMMIE E. BECTOR, JR., Plaintiff - Appellant, versus HARTE HANKS MARKETING, Defendant - Appellee. Appeal from the United States District Court for the District of Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-96- 2462-AMD) Submitted: September 10, 1998 Decided: September 23, 1998 Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges. Dismissed by unpublished per curiam opinion. Tommie E. Bector, Jr., Appella..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-2050
TOMMIE E. BECTOR, JR.,
Plaintiff - Appellant,
versus
HARTE HANKS MARKETING,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CA-96-
2462-AMD)
Submitted: September 10, 1998 Decided: September 23, 1998
Before MURNAGHAN, MICHAEL, and MOTZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Tommie E. Bector, Jr., Appellant Pro Se. Neal Cormac Baroody,
STANLEY, BAROODY, O’TOOLE & AHN, Baltimore, Maryland; Lisa May
Evans, SANTEN & HUGHES, Cincinnati, Ohio, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Tommie E. Bector, Jr., filed an untimely notice of appeal. We
dismiss for lack of jurisdiction. The time periods for filing
notices of appeal are governed by Fed. R. App. P. 4. These periods
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)). Parties to civil actions have
thirty days within which to file in the district court notices of
appeal from judgments or final orders. Fed. R. App. P. 4(a)(1). The
only exceptions to the appeal period are when the district court
extends the time to appeal under Fed. R. App. P. 4(a)(5) or reopens
the appeal period under Fed. R. App. P. 4(a)(6).
The district court entered its order on June 12, 1998;
Bector’s notice of appeal was filed on July 16, 1998, which is
beyond the thirty-day appeal period. Bector’s failure to note a
timely appeal or obtain an extension of the appeal period leaves
this court without jurisdiction to consider the merits of his ap-
peal. We therefore 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
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