Calderon Lopez v. Gumushyan
Calderon Lopez v. Gumushyan
Opinion
Case: 24-2076 Document: 2 Page: 1 Filed: 07/31/2024
NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit ______________________ RICARDO JOSE CALDERON LOPEZ, dba Starlight Consulting Services, Plaintiff-Appellant v. TIGRAN GUMUSHYAN, DARRYL ONIZUKA, DOE VAZQUEZ, UNITED STATES, COMMISSIONER OF SOCIAL SECURITY, Defendants-Appellees ______________________ 2024-2076 ______________________ Appeal from the United States District Court for the Northern District of California in No. 3:16-cv-07236-LB, Magistrate Judge Laurel Beeler. ______________________ PER CURIAM.
ORDER On April 24, 2015, Ricardo Jose Calderon Lopez filed a complaint stemming from the Social Security Administra- tion’s termination of his disability benefits. On May 16, 2017, the district court dismissed the complaint for lack of subject matter jurisdiction and entered judgment. Mr. Cal- deron Lopez appealed to the United States Court of Ap- peals for the Ninth Circuit. On June 6, 2017, the district Case: 24-2076 Document: 2 Page: 2 Filed: 07/31/2024
2 CALDERON LOPEZ v. GUMUSHYAN
court granted Mr. Calderon Lopez leave to proceed in forma pauperis on appeal. On December 28, 2018, the Ninth Circuit affirmed. On June 11, 2024, Mr. Calderon Lopez filed a notice of appeal directed to this court from a decision entered “06/06/2017” in the district court action. 1 “[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), and, in order to be timely, a notice of ap- peal must generally be filed within 60 days after entry of final judgment when the case involves the United States, its agencies, or its employees, 28 U.S.C. § 2107; Fed. R. App. P. 4. Here, Mr. Calderon Lopez’s notice of appeal, filed over seven years after the district court’s June 6, 2017 decision, is clearly untimely. For at least this reason, we and any other court of appeals lack jurisdiction.
Accordingly, IT IS ORDERED THAT: (1) The appeal is dismissed. (2) Each party shall bear its own costs.
FOR THE COURT
July 31, 2024 Date
1 The district court transmitted a copy of the notice of appeal to this court and the Ninth Circuit, which dock- eted the notice as a new appeal. On July 2, 2024, the Ninth Circuit dismissed the new appeal as duplicative of Mr. Cal- deron Lopez’s prior appeal in this case.
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