William Schaller v. Carolyn Colvin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999491434-2] Originating case number: 5:13-cv-00334-D Copies to all parties and the district court/agency. [999520457]. Mailed to: William Schaller. [14-2240]

Appeal: 14-2240

Doc: 13

Filed: 01/30/2015

Pg: 1 of 2

UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

Appeal: 14-2240

Doc: 13

Filed: 01/30/2015

Pg: 2 of 2

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

4(a)(1)(B)(ii),

to

unless

note
the

an

appeal,

district

court

Fed.

R.

extends

App.

the

P.

appeal

period under Fed. R. App. P. 4(a)(5), or reopens the appeal
period under Fed. R. App. P. 4(a)(6).
notice

of

appeal

requirement.”

in

a

civil

“[T]he timely filing of a

case

is

a

jurisdictional

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.
failed

to

extension

file
or

a

timely

reopening

of

notice
the

of

appeal

appeal for lack of jurisdiction.

Because Schaller

appeal

or

period,

to
we

obtain

dismiss

an
the

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

2