Armagene Ellis-Smith v. Michael Astrue
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:08-cv-00604-TDS-WWD Copies to all parties and the district court/agency. [998632644]. Mailed to: Armagene Ellis-Smith. [10-2281]
Appeal: 10-2281
Document: 16
Date Filed: 07/15/2011
Page: 1 of 3
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 10-2281
ARMAGENE ELLIS-SMITH,
Plaintiff – Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant – Appellee,
and
SOCIAL SECURITY ADMINISTRATION,
Party-in-Interest.
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:08-cv-00604-TDS-WWD)
Submitted:
June 27, 2011
Decided:
July 15, 2011
Before KING, GREGORY, and KEENAN, Circuit Judges.
Dismissed by unpublished per curiam opinion.
Armagene Ellis-Smith, Appellant Pro Se.
Gill Paul Beck,
Assistant United States Attorney, Greensboro, North Carolina;
Nancy B. Salafia, Regional Counsel, Boston, Massachusetts, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
Appeal: 10-2281
Document: 16
Date Filed: 07/15/2011
Page: 2 of 3
Ellis-Smith
to
PER CURIAM:
Armagene
court’s
order
adopting
the
seeks
appeal
recommendation
of
the
the
district
magistrate
judge and upholding the denial of Ellis-Smith’s application for
disability insurance benefits and supplemental security income.
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).
timely
filing
of
a
notice
of
jurisdictional requirement.”
appeal
in
a
civil
case
“[T]he
is
a
Bowles v. Russell, 551 U.S. 205,
214 (2007).
The district court’s order was entered on the docket
on
September
14,
November 16, 2010.
2010.
The
notice
of
appeal
was
filed
on
Because Ellis-Smith 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
2
Appeal: 10-2281
Document: 16
Date Filed: 07/15/2011
Page: 3 of 3
presented in the materials before the court and argument would
not aid the decisional process.
DISMISSED
3
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