Opinion
23-1023
02-22-2023
BARBARA L. MCGLOTHLEN, Plaintiff - Appellant, v. COMMISSIONER, SSA, Defendant-Appellee.
(D.C. No. 1:19-CV-00538-MSK) (D. Colo.)
Before MATHESON, PHILLIPS, and ROSSMAN, Circuit Judges.
ORDER
This matter is before the court on its January 24, 2023 jurisdictional show cause order and pro se Appellant Barbara McGlothlen's response to that order. Upon consideration of the response, the district court's docket, and the applicable law, the court dismisses the appeal for the reasons set forth below.
The timely filing of the notice of appeal is both mandatory and jurisdictional. Bowles v. Russell, 551 U.S. 205, 214 (2007). Appellant's pro se status does not affect this rule. See Mayfield v. U.S. Parole Comm'n, 647 F.2d 1053, 1055 (10th Cir. 1981) (dismissing pro se appeal filed three days late). In a civil case like this one, the notice of appeal must be filed within 60 days after entry of the order or judgment being appealed. Fed. R. App. P. 4(a)(1)(B). This court has no authority to make equitable exceptions to jurisdictional requirements. See Bowles, 551 U.S. at 216.
Here, the district court dismissed Appellant's lawsuit on July 5, 2019 and entered its final judgment on July 8, 2019. [ECF Nos. 13, 14]. The district court then denied Appellant's motion for reconsideration on December 19, 2019. [ECF No. 19]. Three years later, Appellant filed her notice of appeal.
This appeal is untimely. Accordingly, the court lacks jurisdiction. Appellant's arguments in response to the court's jurisdictional challenge do not persuade the court otherwise.
APPEAL DISMISSED.