UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 96-6124

CHARLES STANFIELD, Plaintiff - Appellant, versus RICHARD A. LANHAM, SR.; SEWALL SMITH, Warden; THEODORE PURNELL, Chief of Security; PAMELA SORENSEN; LUCILLE BAGLEY; PATRICIA GOINS; D.

BRIDELL; JOSEPH ZBOZIEN; WILLIAM FILBERT, Assistant Warden; Francis Edmonds, Defendants - Appellees.

Appeal from the United States District Court for the District of Maryland, at Baltimore. Benson E. Legg, District Judge. (CA-94- 52-L)

Submitted: April 30, 1996 Decided: May 30, 1996 Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Charles Stanfield, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Audrey J. S. Carrion, 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Unpublished opinions are not binding precedent in this circuit.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 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 December 19, 1995; Appellant's notice of appeal was dated January 19, 1996, and filed on January 22, 1996.

Appellant's failure to note a timely appeal or obtain an extension of the appeal period deprives this court of jurisdiction to con- sider this case. We therefore 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