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    The United States Court of Appeals for the Fourth Circuit dismissed Ky Tan Le's appeal for lack of jurisdiction because his notice of appeal was not timely filed. The district court had granted summary judgment to the Commissioner of Social Security, affirming a five-month waiting period before Le could receive disability benefits. The district court entered its orders on March 18 and April 5, 2011. However, Le did not file his notice of appeal until May 18, 2012, well beyond the 60-day deadline. As the timely filing of a notice of appeal is a jurisdictional requirement, the Court of Appeals was required to dismiss the appeal.

    Original Description:

    Filed: 2012-08-20 Precedential Status: Non-Precedential Docket: 12-1685

    Original Title

    Ky Le v. SSA, 4th Cir. (2012)

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    The United States Court of Appeals for the Fourth Circuit dismissed Ky Tan Le's appeal for lack of jurisdiction because his notice of appeal was not timely filed. The district court had granted summary judgment to the Commissioner of Social Security, affirming a five-month waiting period before Le could receive disability benefits. The district court entered its orders on March 18 and April 5, 2011. However, Le did not file his notice of appeal until May 18, 2012, well beyond the 60-day deadline. As the timely filing of a notice of appeal is a jurisdictional requirement, the Court of Appeals was required to dismiss the appeal.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
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    3 views4 pages

    Unpublished

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit dismissed Ky Tan Le's appeal for lack of jurisdiction because his notice of appeal was not timely filed. The district court had granted summary judgment to the Commissioner of Social Security, affirming a five-month waiting period before Le could receive disability benefits. The district court entered its orders on March 18 and April 5, 2011. However, Le did not file his notice of appeal until May 18, 2012, well beyond the 60-day deadline. As the timely filing of a notice of appeal is a jurisdictional requirement, the Court of Appeals was required to dismiss the appeal.

    Copyright:

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    of 4

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-1685

    KY TAN LE,
    Plaintiff - Appellant,
    v.
    SOCIAL SECURITY ADMINISTRATION,
    Defendant Appellee,
    and
    U.S. CONGRESS;
    of America,

    BARACK OBAMA, President of the United States

    Defendants.

    Appeal from the United States District Court for the Western
    District of North Carolina, at Charlotte.
    Graham C. Mullen,
    Senior District Judge. (3:09-cv-00137-GCM-DCK)

    Submitted:

    August 16, 2012

    Decided:

    August 20, 2012

    Before KING and THACKER, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Dismissed by unpublished per curiam opinion.

    Ky Tan Lee, Appellant Pro Se.


    Lucy Albright Bezdek, SOCIAL
    SECURITY ADMINISTRATION, Boston, Massachusetts, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Ky Tan Le seeks to appeal the district courts order
    adopting the magistrate judges recommendation, granting summary
    judgment for the Commissioner of Social Security, and affirming
    the administrative law judges decision that Le is subject to a
    five-month waiting period before receiving disability insurance
    benefits.

    He also seeks to appeal the courts order denying as

    moot his motion for a court order.

    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 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).
    timely

    filing

    of

    notice

    jurisdictional requirement.

    of

    appeal

    in

    civil

    case

    [T]he
    is

    Bowles v. Russell, 551 U.S. 205,

    214 (2007).
    The district courts orders were entered on the docket
    on March 18 and April 5, 2011.
    on May 18, 2012.

    The notice of appeal was filed

    Because Le 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


    3

    because the facts and legal contentions are adequately presented


    in the materials before the court and argument would not aid the
    decisional process.
    DISMISSED

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