Ellen E. Packenham Stanley v. Commissioner, Social Security, No. 17-2255 (8th Cir. 2018)

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Court Description: Before Wollman, Loken, and Colloton, Circuit Judges] Civil case - Appellate Procedure. Appeal dismissed as the notice of appeal was not filed withing sixty days of the entry of judgment. See Fed. R. App. P. 4(a)(1)(B)(iii).

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2255 ___________________________ Ellen Elizabeth Packenham Stanley, lllllllllllllllllllll Plaintiff - Appellant, Ellen Elizabeth Packenham Stanley, as Representative Payee for M.J.S., lllllllllllllllllllll Plaintiff, v. Commissioner, Social Security Administration, lllllllllllllllllllll Defendant - Appellee. ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: April 26, 2018 Filed: May 2, 2018 [Unpublished] ____________ Before WOLLMAN, LOKEN, and COLLOTON, Circuit Judges. ____________ PER CURIAM. Ellen Elizabeth Packenham Stanley seeks to appeal the district court’s1 dismissal of her case without prejudice. We dismiss the appeal for lack of appellate jurisdiction, because Stanley’s notice of appeal was not filed within sixty days of the entry of judgment on March 29, 2017. See Fed. R. App. P. 4(a)(1)(B)(iii); FTC v. Minneapolis-Honeywell Regulator Co., 344 U.S. 206, 211-12 (1952); see also Dieser v. Cont’l Cas. Co., 440 F.3d 920, 923 (8th Cir. 2006). ______________________________ 1 The Honorable John R. Tunheim, Chief Judge, United States District Court for the District of Minnesota, adopting in part the report and recommendations of the Honorable Katherine M. Menendez, United States Magistrate Judge for the District of Minnesota. -2-

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