Cody v. Astrue

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2431
DEBORAH P. CODY,
Plaintiff – Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant – Appellee,
SOCIAL SECURITY ADMINISTRATION,
Party-in-Interest.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. Thomas D. Schroeder,
District Judge. (1:08-cv-00760-TDS-PTS)
Submitted: March 31, 2011 Decided: April 4, 2011
Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Deborah P. Cody, Appellant Pro Se. Gill Paul Beck, Sr.,
Assistant United States Attorney, Greensboro, North Carolina,
Lisa G. Smoller, Special Assistant United States Attorney,
Boston, Massachusetts, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Deborah P. Cody seeks to appeal the district court’s
order granting the Commissioner of Social Security judgment on
the pleadings and dismissing Cody’s complaint. We dismiss the
appeal for lack of jurisdiction because the notice of appeal was
not timely filed.
Parties are accorded sixty days after the entry of the
district court’s final judgment where the United States or its
officer or agency is a party, Fed. R. App. P. 4(a)(1)(A), 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). This appeal period is “‘mandatory and
jurisdictional.’” Browder v. Dir., Dep’t of Corr., 434 U.S.
257, 264 (1978) (quoting United States v. Robinson, 361 U.S.
220, 229 (1960)).
The district court’s judgment was entered on October
18, 2010. The notice of appeal was filed on December 20, 2010,
three days out of time. Because Cody 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 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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