Rule v. Massanari

U.S. Court of Appeals for the Fourth Circuit
Rule v. Massanari, 154 F. App'x 408 (4th Cir. 2005)

Rule v. Massanari

Opinion

PER CURIAM:

Stephen Granville Rule seeks to appeal the district court’s order granting summary judgment to Defendant in Rule’s disability benefits suit. 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 sixty 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). This appeal period is “mandatory and jurisdictional.” Browder v. Director, Dep’t of Corr., 434 U.S. 257, 264, 98 S.Ct. 556, 54 L.Ed.2d 521 (1978) (quoting United States v. Robinson, 361 U.S. 220, 229, 80 S.Ct. 282, 4 L.Ed.2d 259 (1960)).

The district court’s order was entered on the docket on July 17, 2001. The notice of appeal was filed on March 3, 2005. Because Rule failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we grant Appellee’s motion to dismiss the appeal. We deny Rule’s motions for summary judgment, for remand, to expedite the appeal, and to transfer the case. We dispense with oral argument because the facts and legal contentions are adequately presented *409 in the materials before the court and argument would not aid the decisional process.

DISMISSED

Reference

Full Case Name
Stephen Granville RULE, Plaintiff—Appellant, v. Larry G. MASSANARI, Acting Commissioner of Social Security Administration, Defendant—Appellee
Status
Unpublished