Glen Shrewsbury v. Michael Astrue

Filing 920100526

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1023 GLEN E. SHREWSBURY, Plaintiff - Appellant, v. MICHAEL J. ASTRUE, Commissioner of Social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 Dismissed by unpublished per curiam opinion.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 Unpublished opinions are not binding precedent in this circuit.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). appeal period is "mandatory and jurisdictional." This 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. failed to file or a See Fed. R. App. P. 4(d). timely of notice the of appeal Because Shrewsbury or to we obtain an the extension appeal. legal reopening appeal period, dismiss We dispense with oral argument because the facts and are adequately presented in the materials contentions 2 before the court and argument would not aid the decisional process. DISMISSED 3

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