Yvonne Nelson v. South Carolina DSS

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 4:15-cv-02607-RBH Copies to all parties and the district court/agency. [999828631]. Mailed to: Yvonne Nelson. [16-1215]

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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-1215

YVONNE NELSON,
Plaintiff - Appellant,
v.
SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES; HORRY COUNTY
DEPARTMENT OF SOCIAL SERVICES; SOCIAL SECURITY ADMINISTRATION,
Defendants – Appellees,
and
UNKNOWN DEFENDANT,
Defendant.

Appeal from the United States District Court for the District of
South Carolina, at Florence. R. Bryan Harwell, District Judge.
(4:15-cv-02607-RBH)

Submitted:

May 18, 2016

Decided:

May 20, 2016

Before SHEDD, DIAZ, and HARRIS, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Yvonne Nelson, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Yvonne Nelson seeks to appeal the district court’s order
adopting

the

magistrate

judge’s

recommendation

without prejudice her civil action.

and

dismissing

Nelson also seeks to appeal

the district court’s order denying her Fed. R. Civ. P. 59(e) motion
to alter or amend the judgment.

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 60 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).

“[T]he timely filing of a notice

of appeal in a civil case is a jurisdictional requirement.” Bowles
v. Russell, 551 U.S. 205, 214 (2007).
The

district

court’s

order

denying

entered on the docket on August 13, 2015.
4(a)(4)(A)(iv).
2016.

reconsideration

was

See Fed. R. App. P.

The notice of appeal was filed on February 29,

Because Nelson failed to file a timely notice of appeal or

to obtain an extension or reopening of the appeal period, we
dismiss the appeal.
facts

and

legal

We dispense with oral argument because the

contentions

are

2

adequately

presented

in

the

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materials

before

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this

court

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and

argument

would

not

aid

the

decisional process.
DISMISSED

3