Williams v. Apfel, Commissioner

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-2120 RICHARD L. WILLIAMS, Plaintiff - Appellant, versus KENNETH S. APFEL, COMMISSIONER OF SOCIAL SECURITY, Defendant - Appellee. Appeal from the United States District Court for the District of South Carolina, at Charleston. Dennis W. Shedd, District Judge. (CA-99-272-2-19-AJ) Submitted: December 29, 1999 Decided: February 4, 2000 Before WILLIAMS and MICHAEL, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Mortimer M. Weinberg, III, WEINBERG, BROWN & CURTIS, Sumter, South Carolina, for Appellant. J. Rene Josey, United States Attorney, John B. Grimball, Assistant United States Attorney, Arthur J. Fried, General Counsel, Charlotte J. Hardnett, Principal Deputy General Counsel, John M. Sacchetti, Associate General Counsel, Sharon M. Saffron, Office of the General Counsel, SOCIAL SECURITY ADMINISTRATION, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). PER CURIAM: Richard Williams appeals the order of the district court granting the Commissioner’s motion to dismiss the appeal for lack of jurisdiction. We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Williams v. Apfel, No. CA-99- 275-2-19-AJ (D.S.C. July 12, 1999).* There is no merit to Williams’ arguments that the Administrative Law Judge lacked jurisdiction to issue his July 1995 amended decision or that the doctrine of “manifest injustice” applies to Williams’ case. 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. AFFIRMED * Although the district court’s order is marked as “filed” on July 9, 1999, the district court’s records show that it was entered on the docket sheet on July 12, 1999. It is the date the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Fed. R. Civ. P. 58 and 79(a); Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2