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  • Yvonne Nelson v. South Carolina DSS, 4th Cir. (2016)

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    The United States Court of Appeals for the Fourth Circuit dismissed Yvonne Nelson's appeal for lack of jurisdiction because her notice of appeal was not timely filed. When the U.S. government is a party, a notice of appeal must be filed within 60 days of the district court's final order. The district court denied Nelson's motion for reconsideration on August 13, 2015, but Nelson did not file her notice of appeal until February 29, 2016, well past the 60-day deadline. As a result, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

    Original Description:

    Filed: 2016-05-20 Precedential Status: Non-Precedential Docket: 16-1215

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    The United States Court of Appeals for the Fourth Circuit dismissed Yvonne Nelson's appeal for lack of jurisdiction because her notice of appeal was not timely filed. When the U.S. government is a party, a notice of appeal must be filed within 60 days of the district court's final order. The district court denied Nelson's motion for reconsideration on August 13, 2015, but Nelson did not file her notice of appeal until February 29, 2016, well past the 60-day deadline. As a result, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    28 views3 pages

    Yvonne Nelson v. South Carolina DSS, 4th Cir. (2016)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Yvonne Nelson's appeal for lack of jurisdiction because her notice of appeal was not timely filed. When the U.S. government is a party, a notice of appeal must be filed within 60 days of the district court's final order. The district court denied Nelson's motion for reconsideration on August 13, 2015, but Nelson did not file her notice of appeal until February 29, 2016, well past the 60-day deadline. As a result, the Fourth Circuit dismissed the appeal for lack of jurisdiction.

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    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 16-1215

    YVONNE NELSON,
    Plaintiff - Appellant,
    v.
    SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES; HORRY COUNTY
    DEPARTMENT OF SOCIAL SERVICES; SOCIAL SECURITY ADMINISTRATION,
    Defendants Appellees,
    and
    UNKNOWN DEFENDANT,
    Defendant.

    Appeal from the United States District Court for the District of
    South Carolina, at Florence. R. Bryan Harwell, District Judge.
    (4:15-cv-02607-RBH)

    Submitted:

    May 18, 2016

    Decided:

    May 20, 2016

    Before SHEDD, DIAZ, and HARRIS, Circuit Judges.

    Dismissed by unpublished per curiam opinion.

    Yvonne Nelson, Appellant Pro Se.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Yvonne Nelson seeks to appeal the district courts order
    adopting

    the

    magistrate

    judges

    recommendation

    without prejudice her civil action.

    and

    dismissing

    Nelson also seeks to appeal

    the district courts order denying her Fed. R. Civ. P. 59(e) motion
    to alter or amend the judgment.

    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 courts 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

    courts

    order

    denying

    entered on the docket on August 13, 2015.


    4(a)(4)(A)(iv).
    2016.

    reconsideration

    was

    See Fed. R. App. P.

    The notice of appeal was filed on February 29,

    Because Nelson failed to file a timely notice of appeal or

    to obtain an extension or reopening of the appeal period, we


    dismiss the appeal.
    facts

    and

    legal

    We dispense with oral argument because the

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before

    this

    court

    and

    argument

    would

    not

    aid

    the

    decisional process.
    DISMISSED

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