U.S. Court of Appeals for the Federal Circuit, 2024

Edwards v. Ssa

Edwards v. Ssa
U.S. Court of Appeals for the Federal Circuit · Decided April 15, 2024

Edwards v. Ssa

Opinion

Case: 24-1410 Document: 10 Page: 1 Filed: 04/15/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ HAROLD L. EDWARDS, JR., Plaintiff-Appellant v. SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee ______________________ 2024-1410 ______________________ Appeal from the United States District Court for the Southern District of California in No. 3:19-cv-01775-AJB- BLM, Judge Anthony J. Battaglia. ______________________ ON MOTION ______________________ Before CHEN, LINN, and HUGHES, Circuit Judges.

PER CURIAM.

ORDER Following this court’s February 23, 2024 show cause order (ECF No. 5), the Social Security Administration moves to dismiss this appeal. Harold L. Edwards, Jr., has not filed a response to the order or motion.

Case: 24-1410 Document: 10 Page: 2 Filed: 04/15/2024

2 EDWARDS v. SSA

On June 16, 2020, the district court entered judgment against Mr. Edwards, and, more than three years later on January 25, 2024, Mr. Edwards filed a notice of appeal seeking this court’s review of that judgment. This court does not have jurisdiction to review social security benefits cases. See 28 U.S.C. § 1295; 42 U.S.C. § 405. Moreover, Mr. Edwards’s notice of appeal, filed more than 60 days af- ter entry of judgment, is untimely, see 28 U.S.C. § 2107(b)(2); Fed. R. App. P. 4, such that the appropriate regional circuit, here the United States Court of Appeals for the Ninth Circuit, would also lack jurisdiction over this appeal. See Bowles v. Russell, 551 U.S. 205, 214 (2007).

Accordingly, IT IS ORDERED THAT: (1) The Social Security Administration’s motion is granted to the extent that this appeal is dismissed for lack of jurisdiction. (2) All other pending motions are denied. (3) Each party shall bear its own costs.

FOR THE COURT

April 15, 2024 Date

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