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Deloach v. Bass, 95-8547 (1996)

Court: Court of Appeals for the Fourth Circuit Number: 95-8547 Visitors: 43
Filed: Aug. 07, 1996
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 95-8547 WILLIAM RAY DELOACH, Plaintiff - Appellant, versus WARDEN BASS; REGIONAL ADMINISTRATOR SMITH; L. A. BROWN, C/O; LIEUTENANT HARRISON, C/O, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior District Judge. (CA-95-972-2) Submitted: July 25, 1996 Decided: August 7, 1996 Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, S
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                             UNPUBLISHED

                  UNITED STATES COURT OF APPEALS
                      FOR THE FOURTH CIRCUIT



                             No. 95-8547



WILLIAM RAY DELOACH,

                                             Plaintiff - Appellant,

         versus

WARDEN BASS; REGIONAL ADMINISTRATOR SMITH;
L. A. BROWN, C/O; LIEUTENANT HARRISON, C/O,

                                            Defendants - Appellees.



Appeal from the United States District Court for the Eastern
District of Virginia, at Norfolk. J. Calvitt Clarke, Jr., Senior
District Judge. (CA-95-972-2)


Submitted:   July 25, 1996                 Decided:   August 7, 1996


Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.


William Ray DeLoach, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIUM:

     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 November 8, 1995; Appellant's notice of

appeal was filed on December 14, 1995. Appellant's failure to note

a timely appeal or obtain an extension of the appeal period de-
prives this court of jurisdiction to consider this case. We there-

fore dismiss the appeal. We dispense with oral argument because the

facts and legal contentions are adequately presented in the mate-
rials before the court and argument would not aid the decisional

process.




                                                         DISMISSED




                                2

Source:  CourtListener

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