William Schaller v. Carolyn Colvin , 592 F. App'x 196 ( 2015 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-2240
WILLIAM HOWARD SCHALLER,
Plaintiff - Appellant,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security,
Defendant – Appellee.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. James C. Dever III,
Chief District Judge. (5:13-cv-00334-D)
Submitted: January 22, 2015 Decided: January 30, 2015
Before SHEDD, KEENAN, and DIAZ, Circuit Judges.
Dismissed by unpublished per curiam opinion.
William Howard Schaller, Appellant Pro Se. Marc David Epstein,
SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Howard Schaller seeks to appeal the district
court’s order adopting the magistrate judge’s recommendation to
uphold the Commissioner’s denial of social security benefits.
Parties in civil actions to which an agency of the United States
is a party are accorded sixty days after the district court’s
entry of judgment to note an appeal, Fed. R. App. P.
4(a)(1)(B)(ii), 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 final judgment was entered on the
docket on September 11, 2014. The notice of appeal was filed
sixty-two days later, on November 12, 2014. Because Schaller
failed to file a timely notice of appeal or to obtain an
extension or reopening of the appeal period, we dismiss the
appeal for lack of jurisdiction. We deny leave to proceed in
forma pauperis and dispense with oral argument because the facts
and legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
DISMISSED
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