UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 95-8576

LEON KEITH GASKINS,

Plaintiff - Appellant,

versus

LAWRENCE V. KELLY, State's Attorney for

Allegany County; FRANK R. WEATHERBEE, State's

Attorney for Anne Arundel County; STUART O.

SIMMS, State's Attorney for Baltimore City;

SANDRA A. O'CONNOR, State's Attorney for

Baltimore County; WARREN F. SENGSTACK, State's

Attorney for Calvert County; CHRISTIAN J.

JENSEN, State's Attorney for Caroline County;

THOMAS E. HICKMAN, State's Attorney for

Carroll County; MICHAEL R. BURKEY, Public

Defender for Allegany County; ALAN R. FRIEDMAN, Public Defender; JOY L. PHILLIPS, Public

Defender; THELMA J. THOMPSON, Public Defender;

CARL BUCHHEISTER, Public Defender; STEFAN R.

SKIPP, Public Defender; CAROL A. HANSON, Public Defender; JOHN L. SCARBOROUGH, State's

Attorney for Cecil County; LEONARD C. COLLINS,

JR., State's Attorney for Charles County;

MICHAEL C. MALONEY, State's Attorney for

Dorchester County; LAWRENCE A. DORSEY, JR.,

State's Attorney for Frederick County; JOSEPH

I. CASSILLY, State's Attorney for Harford

County; WILLIAM R. HYMES, State's Attorney for

Howard County; SUSANNE HAYMAN, State's Attorney for Kent County; WILLIAM R. WALTER, Public

Defender; JOHN P. RUE, III, Public Defender;

FRANKLIN STILLRICH, Public Defender; DARYL T.

WALTERS, Public Defender; LLOYD G. MERRIAM,

Public Defender; JAMES L. SHERBIN, State's

Attorney for Garrett County; ANDREW L. SONNER,

State's Attorney for Montgomery County;

ALEXANDER WILLIAMS, JR., State's Attorney for

Prince George's County; DAVID WESTON GREGORY,
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State's Attorney for Queen Anne's County;

WALTER B. DORSEY, State's Attorney for Saint

Mary's County; LOGAN C. WIDDOWSON, State's

Attorney for Somerset County; KENNETH LONG,

JR., State's Attorney for Washington County;

J. THEODORE WIESEMAN, Public Defender; MAUREEN

LAMASNEY, Public Defender; JOHN D. BAILEY,

JR., Public Defender; DAVID R. RUARK, State's

Attorney for Wicomico County; B. RANDALL

COATES, State's Attorney for Worcester County;

HERBERT L. ROLLINS, Judge; G. EDWARD DWYER,

Judge; THEODORE G. BLOOM, Judge; J. JOSEPH

CURRAN, JR., Attorney General; PARRIS N.

GLENDENING, Governor; CAROL E. CHANCE, Chief

Attorney, Collateral Review Division; JONATHAN

L. KATZ; SCOTT WHITNEY, Deputy P.D.; JULIA

DOYLE BERNTHARDT, Assistant Public Defender,

Appellate Division,

Defendants - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. William M. Nickerson, District Judge. (CA95-3112-WMN)

Submitted: February 27, 1996 Decided: March 21, 1996

Before MURNAGHAN, WILKINS, and LUTTIG, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Leon Keith Gaskins, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
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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 Oct. 25, 1995; Appellant's notice of

appeal was filed on Dec. 11, 1995. 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 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