Evelyn Coleman v. Michael Astrue

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:09-cv-00032-FL Copies to all parties and the district court/agency. [998792026]. Mailed to: Evelyn D. Coleman. [11-2279]

Appeal: 11-2279

Document: 9

Date Filed: 02/21/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-2279

EVELYN DOVE COLEMAN,
Plaintiff - Appellant,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at New Bern.
Louise W. Flanagan,
District Judge. (4:09-cv-00032-FL)

Submitted:

February 16, 2012

Decided:

February 21, 2012

Before SHEDD, KEENAN, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Evelyn Dove Coleman, Appellant Pro Se.
Elisa Frances Donohoe,
Special Assistant United States Attorney, Baltimore, Maryland,
for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-2279

Document: 9

Date Filed: 02/21/2012

Page: 2 of 3

PER CURIAM:
Evelyn
court’s
judge

order

and

Dove

Coleman

adopting

the

denying

her

seeks

to

appeal

recommendation

motions

to

remand

the

of

the

and

to

district

magistrate
compel

and

granting the defendant’s motions to set aside the judgment and
to dismiss.

Coleman also seeks to appeal the district court’s

denial of her motions to reconsider.

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

jurisdictional requirement.”

of

appeal

in

a

civil

“[T]he

case

is

a

Bowles v. Russell, 551 U.S. 205,

214 (2007).
The district court’s judgment was entered on September
13, 2010.

The district court’s order denying Coleman’s motions

to reconsider was entered on November 11, 2010.

The notice of

appeal was filed on August 5, 2011. Because Coleman failed to
file a timely notice of appeal or to obtain an extension or
reopening

of

the

appeal

period,
2

we

dismiss

the

appeal.

We

Appeal: 11-2279

Document: 9

dispense

with

Date Filed: 02/21/2012

oral

argument

Page: 3 of 3

because

the

facts

and

legal

contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
DISMISSED

3