Marvin Hill, A/K/A Melvin Taylor, A/K/A Marvin Grant v. Thomas Ward, 887 F.2d 1079, 4th Cir. (1989)
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Scribd Government DocsMarvin Hill, A/K/A Melvin Taylor, A/K/A Marvin Grant v. Thomas Ward, 887 F.2d 1079, 4th Cir. (1989)
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Scribd Government Docs887 F.
2d 1079
Unpublished Disposition
NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of
unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Marvin HILL, a/k/a Melvin Taylor, a/k/a Marvin Grant,
Petitioner-Appellant,
v.
Thomas WARD, Respondent-Appellee.
No. 89-7156.
United States Court of Appeals, Fourth Circuit.
Submitted: June 15, 1989.
Decided: Sept. 28, 1989.
Marvin Hill, appellant pro se.
John Joseph Curran, Jr., Beverly Peyton Griffith (Office of the Attorney
General), for appellee.
Before DONALD RUSSELL, CHAPMAN and WILKINSON, Circuit
Judges.
PER CURIAM:
Marvin Hill noted this appeal outside the 30-day appeal period established by
Fed.R.App.P. 4(a)(1), and failed to move for an extension of the appeal period
within the additional 30-day period provided by Fed.R.App.P. 4(a)(5). 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)). 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 deny a certificate of
probable cause to appeal and dismiss the appeal. We dispense with oral
argument because the dispositive issues recently have been decided
authoritatively.
2
DISMISSED.
