Christopher Vahan v. Donna E. Shalala, Secretary, Health and Human Services

Christopher Vahan (“Vahan”) appeals the district court’s order affirming the Secretary’s denial of disability insurance benefits and supplemental security income. We dismiss the appeal for lack of jurisdiction.

The district court’s final judgment is stamped “FILED, ENTERED AND NOTED IN CIVIL DOCKET,” and dated October 14, 1992. On January 21, 1993, Vahan’s counsel telephoned the district court clerk and stated that he had not received a copy of the final decision. He was told that an adverse judgment had been entered on October 14,1992. Vahan’s counsel received a copy of the final judgment on February 1, 1993. Va-han filed a motion for extension of time to file an appeal on March 3, 1993. The district court granted the motion on March 4, 1993, and Vahan filed a notice of appeal on March 5, 1993.

Federal Rule of Appellate Procedure 4(a)(1) requires that in a case in which the United States or an officer or agency thereof is a party, the notice of appeal must be filed within sixty days after the date of entry of the judgment appealed from. The time limits prescribed in Rule 4(a) for filing a notice of appeal are jurisdictional. Torres v. Oakland Scavenger Co., 487 U.S. 312, 315 ,…