Calvin Latimer; Sandra Latimer v. U.s. Social Security Administration

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-2601
CALVIN LATIMER; SANDRA LATIMER,
Plaintiffs - Appellants,
v.
U.S. SOCIAL SECURITY ADMINISTRATION; EASTER SEALS; NORTH
CAROLINA DEPARTMENT OF SOCIAL SERVICES,
Defendants - Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:12-cv-00406-MOC-DSC)
Submitted: May 26, 2016 Decided: May 31, 2016
Before TRAXLER, Chief Judge, and NIEMEYER and FLOYD, Circuit
Judges.
Dismissed by unpublished per curiam opinion.
Calvin Latimer; Sandra Latimer, Appellants Pro Se. Paul Bradford
Taylor, OFFICE OF THE UNITED STATES ATTORNEY, Asheville, North
Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
Calvin G. Latimer and Sandra Latimer seek to appeal the
district court’s orders dismissing their complaint as against the
United States Social Security Administration and remanding their
case to the state court from which it was removed and denying their
“Motion for Disposition of Children.” 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 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). “[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 court’s orders were entered on the docket on
August 16, 2012 and May 12, 2015. The notice of appeal was filed
on December 29, 2015. Because the Latimers failed to file a timely
notice of appeal or to obtain an extension or reopening of the
appeal period, we deny leave to proceed in forma pauperis and
dismiss the appeal. We dispense with oral argument because the
facts and legal contentions are adequately presented in the

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

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