Thomas F. Kaston v. Nancy A. Berryhill
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-cv-00539-FL Copies to all parties and the district court/agency. . Mailed to: Thomas F. Kaston 5133 Stonebluff Lane Fuquay-Varina, NC 27526. [17-1451]
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UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
THOMAS F. KASTON,
Plaintiff - Appellant,
NANCY A. BERRYHILL, Acting Commissioner of Social Security,
Defendant - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at
Raleigh. Louise W. Flanagan, District Judge. (5:15-cv-00539-FL)
Submitted: September 26, 2017
Decided: September 28, 2017
Before NIEMEYER and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit
Dismissed by unpublished per curiam opinion.
Thomas F. Kaston, Appellant Pro Se. Leah Frances Golshani, SOCIAL SECURITY
ADMINISTRATION, Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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Thomas F. Kaston seeks to appeal the district court’s order adopting the magistrate
judge’s recommendation and affirming the Commissioner’s decision denying Kaston’s
application for disability benefits. 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 January 23, 2017. The
notice of appeal was filed on March 27, 2017. Because Kaston failed to file a timely
notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss
the appeal. We 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
Although we dismiss for lack of jurisdiction, we note that Kaston waived
appellate review of the district court’s order by failing to file timely specific objections to
the magistrate judge’s recommendation despite being warned of the consequences. See
Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985); Thomas v. Arn, 474 U.S. 140
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