911 F.2d 720 (4th Cir. 1990), 89-2202, Andrews v. U.S. R.R. Retirement Bd.

Docket Nº:89-2202.
Citation:911 F.2d 720
Party Name:Jerry D. ANDREWS, Petitioner, v. U.S. RAILROAD RETIREMENT BOARD, Respondent.
Case Date:July 24, 1990
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit

Page 720

911 F.2d 720 (4th Cir. 1990)

Jerry D. ANDREWS, Petitioner,



No. 89-2202.

United States Court of Appeals, Fourth Circuit

July 24, 1990

         Editorial Note:

         This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

        Submitted July 9, 1990.

        On Petition for Review of an Order of the Railroad Retirement Board. (RRB-A-244-86-1083)

        Jerry D. Andrews, petitioner pro se.

        Michael Charles Litt, Steven Alan Bartholow, United States Railroad Retirement Board, Chicago, Ill., for respondent.



        Before SPROUSE and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge.

        PER CURIAM:

        Jerry Andrews noted this appeal outside the one-year appeal period established by 45 U.S.C. § 231g for appealing from final decisions of the Railroad Retirement Board. Appellant's failure to note a timely appeal deprives this Court of jurisdiction to consider this case. [*] We therefore deny leave to proceed in forma pauperis and grant respondent's motion to dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the Court and argument would not aid the decisional process.



[*] We note that Andrews is not entitled to the benefit of the decision in Boggs v. U.S. Railroad Retirement Bd., 725 F.2d 620 (11th...

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