William York v. Carolyn Colvin

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to proceed in forma pauperis (FRAP 24) [999994552-2], denying Motion to proceed in forma pauperis (FRAP 24) [999985709-2] Originating case number: 7:16-cv-00278-F Copies to all parties and the district court/agency. [1000031014]. Mailed to: W York. [16-2328]

Appeal: 16-2328

Doc: 16

Filed: 02/27/2017

Pg: 1 of 2

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 16-2328

WILLIAM C. YORK,
Plaintiff - Appellant,
v.
SOCIAL SECURITY ADMINISTRATION,
Defendant - Appellee.

Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:16-cv-00278-F)

Submitted:

February 23, 2017

Decided:

February 27, 2017

Before SHEDD and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Dismissed by unpublished per curiam opinion.

William C. York, Appellant Pro Se.
Rudy E. Renfer, Assistant
United States Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 16-2328

Doc: 16

Filed: 02/27/2017

Pg: 2 of 2

PER CURIAM:
William C. York seeks to appeal the district court’s order
dismissing his case for lack of subject matter jurisdiction.

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 was entered on the docket on
September 1, 2016.
16, 2016.

The notice of appeal was filed on November

Because York failed to file a timely notice of appeal

or to obtain an extension or reopening of the appeal period, we
deny leave to proceed in forma pauperis and dismiss the appeal.
We

dispense

contentions

with
are

oral

argument

adequately

because

presented

in

the

facts

and

the

materials

legal
before

this court and argument would not aid the decisional process.
DISMISSED

2