Evelyn Manteris v. Michael Astrue ( 2011 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-1605
EVELYN MANTERIS,
Plaintiff – Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security
Administration,
Defendant – Appellee.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon,
Senior District Judge. (3:10-cv-00034-NKM-BWC)
Submitted: August 25, 2011 Decided: August 29, 2011
Before MOTZ, DUNCAN, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Evelyn Manteris, Appellant Pro Se. Kenneth DiVito, Assistant
Regional Counsel, Philadelphia, Pennsylvania; Adam Siry, SOCIAL
SECURITY ADMINISTRATION, Philadelphia, Pennsylvania, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Evelyn Manteris seeks to appeal the district court’s
order adopting the magistrate judge’s report and recommendation
and granting the Commissioner’s motion for summary judgment. We
dismiss the appeal for lack of jurisdiction because the notice
of appeal was not timely filed.
When the United States or its officer or agency is a
party, the notice of appeal must be filed no more than sixty
days after the entry of the district court’s final judgment or
order, Fed. R. App. P. 4(a)(1)(B), unless the district court
extends the appeal period under Fed. R. App. P. 4(a)(5), or
reopens the appeal period under Fed. R. App. P. 4(a)(6). “[T]he
timely filing of a notice of appeal in a civil case is a
jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205,
214 (2007).
The district court’s order was entered on the docket
on March 30, 2011. The notice of appeal was filed on June 2,
2011. Because Manteris failed to file a timely notice of appeal
or to obtain an extension or reopening of the appeal period, we
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
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