UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 98-1706

JOHN D. BLACK, Plaintiff - Appellant, versus

JAMES SHARPE, Mayor, Newark, New Jersey; CHRISTIE WHITMAN, Governor, New Jersey; RICHARD L. GRUBER, Esquire, Defendants - Appellees.

Appeal from the United States District Court for the Eastern Dis- trict of North Carolina, at Raleigh. Malcolm J. Howard, District Judge. (CA-96-454-5-H)

Submitted: July 30, 1998 Decided: August 25, 1998

Before WIDENER, LUTTIG, and WILLIAMS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

John D. Black, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM: Appellant 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 judg- ments 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 November 8, 1996; Appellant’s notice of appeal was filed on May 11, 1998, which is beyond the thirty-day appeal period. Appellant’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 Appel- lant’s appeal. We therefore dismiss the appeal. We deny Black’s motion to amend his complaint. 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 deci- sional process.

DISMISSED