Filed: Mar. 08, 1996
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7731 JEFFREY LEE WALKER, Petitioner - Appellant, versus LLOYD L. WATERS, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA- 94-1371-CCB) Submitted: February 20, 1996 Decided: March 8, 1996 Before WILKINS and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dis
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-7731 JEFFREY LEE WALKER, Petitioner - Appellant, versus LLOYD L. WATERS, Warden; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA- 94-1371-CCB) Submitted: February 20, 1996 Decided: March 8, 1996 Before WILKINS and HAMILTON, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dism..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 95-7731
JEFFREY LEE WALKER,
Petitioner - Appellant,
versus
LLOYD L. WATERS, Warden; ATTORNEY GENERAL OF
THE STATE OF MARYLAND,
Respondents - Appellees.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Catherine C. Blake, District Judge. (CA-
94-1371-CCB)
Submitted: February 20, 1996 Decided: March 8, 1996
Before WILKINS and HAMILTON, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.
Jeffrey Lee Walker, Appellant Pro Se. Tarra R. DeShields-Minnis,
OFFICE OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, 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Unpublished opinions are not binding precedent in this circuit.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 timely
move for 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 jurisdiction-
al." 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 12,
1995; Appellant's notice of appeal was filed on October 20, 1995.
Appellant filed his motion to extend the appeal period more than
thirty days after the expiration of the appeal period, so the
district court lacked jurisdiction to grant Appellant's motion for
an extension of time. Appellant's failure to note a timely appeal
or timely seek and obtain an extension of the appeal period
deprives this court of jurisdiction to consider this case. We
therefore deny a certificate of probable cause and 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
2