Regina Fletcher v. Michael Astrue

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999031307-2] Originating case number: 1:10-cv-03358-TMD Copies to all parties and the district court/agency. [999074352]. Mailed to: Regina Fletcher. [12-2544]

Appeal: 12-2544

Doc: 8

Filed: 03/28/2013

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 12-2544

REGINA JUANITA FLETCHER,
Plaintiff - Appellant,
v.
MICHAEL ASTRUE, Commissioner of Social Security,
Defendant - Appellee.

Appeal from the United States District Court for the District of
Maryland, at Baltimore. Thomas M. DiGirolamo, Magistrate Judge.
(1:10-cv-03358-TMD)

Submitted:

March 26, 2013

Decided:

March 28, 2013

Before DUNCAN, FLOYD, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Regina Juanita Fletcher, Appellant Pro Se.
Assistant United States Attorney, Baltimore,
Appellee.

Alex Gordon,
Maryland, for

Unpublished opinions are not binding precedent in this circuit.

Appeal: 12-2544

Doc: 8

Filed: 03/28/2013

Pg: 2 of 2

PER CURIAM:
Regina Juanita Fletcher seeks to appeal the magistrate
judge’s

final

order *

upholding

Security’s denial of benefits.
parties

are

accorded

sixty

the

Commissioner

Social

In civil cases like Fletcher’s,

days

after

entry

of

court’s final judgment or order to note an appeal.
P. 4(a)(1)(B).

of

the

district

Fed. R. App.

The order that Fletcher seeks to appeal was

entered on September 24, 2012.

Fletcher thus had sixty days, or

until Friday, November 23, 2012, to file a notice of appeal.
Nevertheless, Fletcher did not file a notice of appeal until
December 7, 2012 — two weeks too late.
Because “the timely filing of a notice of appeal in a
civil

case

is

a

jurisdictional

requirement,”

jurisdiction to consider Fletcher’s claims.

we

lack

Bowles v. Russell,

551 U.S. 205, 214 (2007).

Accordingly, we dismiss this appeal

for lack of jurisdiction.

We deny leave to proceed in forma

pauperis.
legal
before

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
DISMISSED

*

Fletcher consented to the exercise of jurisdiction by the
magistrate judge, as permitted by 28 U.S.C. § 636(c) (2006).

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