William Schaller v. Carolyn Colvin

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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