Regina Fletcher v. Michael Astrue ( 2013 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 12-2544
REGINA JUANITA FLETCHER,
Plaintiff - Appellant,
v.
MICHAEL ASTRUE, Commissioner of Social Security,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Thomas M. DiGirolamo, Magistrate Judge.
(1:10-cv-03358-TMD)
Submitted: March 26, 2013 Decided: March 28, 2013
Before DUNCAN, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Regina Juanita Fletcher, Appellant Pro Se. Alex Gordon,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Regina Juanita Fletcher seeks to appeal the magistrate
judge’s final order * upholding the Commissioner of Social
Security’s denial of benefits. In civil cases like Fletcher’s,
parties are accorded sixty days after entry of the district
court’s final judgment or order to note an appeal. Fed. R. App.
P. 4(a)(1)(B). The order that Fletcher seeks to appeal was
entered on September 24, 2012. Fletcher thus had sixty days, or
until Friday, November 23, 2012, to file a notice of appeal.
Nevertheless, Fletcher did not file a notice of appeal until
December 7, 2012 — two weeks too late.
Because “the timely filing of a notice of appeal in a
civil case is a jurisdictional requirement,” we lack
jurisdiction to consider Fletcher’s claims. Bowles v. Russell,
551 U.S. 205, 214 (2007). Accordingly, we dismiss this appeal
for lack of jurisdiction. We deny leave to proceed in forma
pauperis. We 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
*
Fletcher consented to the exercise of jurisdiction by the
magistrate judge, as permitted by 28 U.S.C. § 636(c) (2006).
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