UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-1023
GLEN E. SHREWSBURY,
Plaintiff - Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant - Appellee.
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. R. Clarke VanDervort,
Magistrate Judge. (1:08-cv-00840)
Submitted: May 20, 2010 Decided: May 26, 2010
Before WILKINSON, NIEMEYER, and DAVIS, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Glen E. Shrewsbury, Appellant Pro Se. Lori Riye Karimoto,
Assistant Regional Counsel, Philadelphia, Pennsylvania; Fred B.
Westfall, Jr., Assistant United States Attorney, Charleston,
West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Glen E. Shrewsbury seeks to appeal the magistrate
judge’s order affirming the final decision of the Commissioner
of Social Security that Shrewsbury is not entitled to benefits.
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). 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 order was entered on the docket
on September 30, 2009. The notice of appeal was filed on
December 4, 2009. See Fed. R. App. P. 4(d). Because Shrewsbury
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
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before the court and argument would not aid the decisional
process.
DISMISSED
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