US v. Reginald Falice

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:98-cr-00244-GCM-1 Copies to all parties and the district court/agency. [998812620]. Mailed to: Reginald Anthony Falice #13754-058 UNITED STATES PENITENTIARY ALLENWOOD P. O. Box 3000 White Deer, PA 17887. [11-7559]

Appeal: 11-7559

Document: 12

Date Filed: 03/19/2012

Page: 1 of 3

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 11-7559

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
REGINALD ANTHONY FALICE,
Defendant - Appellant.

Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Graham C. Mullen,
Senior District Judge. (3:98-cr-00244-GCM-1)

Submitted:

March 15, 2012

Decided:

March 19, 2012

Before DUNCAN and FLOYD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.

Dismissed by unpublished per curiam opinion.

Reginald Anthony Falice, Appellant Pro Se. Sidney P. Alexander,
Assistant United States Attorney, Paul Bradford Taylor, OFFICE
OF THE UNITED STATES ATTORNEY, Asheville, North Carolina, for
Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 11-7559

Document: 12

Date Filed: 03/19/2012

Page: 2 of 3

PER CURIAM:
Reginald

Anthony

Falice

seeks

to

appeal

the

district

court’s order dismissing a motion that attacked aspects of his
federal

convictions

and

imposing

sanctions

on

him

for

his

repeated filing of malicious lawsuits in connection with his
convictions.
In a civil case to which the United States is a party,
parties are accorded sixty days after the entry of the district
court’s final judgment or order to note an appeal, 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).
notice

of

appeal

in

a

civil

“[T]he timely filing of a

case

is

a

jurisdictional

Bowles v. Russell, 551 U.S. 205, 214 (2007).

requirement.”

Here, the district court’s order was entered on the docket
on

February

24,

2003.

The

notice

earliest, on October 26, 2011. *

of

appeal

was

filed,

at

Because Falice failed to file a

timely notice of appeal or to obtain an extension or reopening
of the appeal period, we dismiss the appeal.
oral

argument

because

the

facts

*

and

legal

We dispense with
contentions

are

For the purpose of this appeal, we assume that the date
appearing on the notice of appeal is the earliest date it could
have been properly delivered to prison officials for mailing to
the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266
(1988).

2

Appeal: 11-7559

Document: 12

adequately

Date Filed: 03/19/2012

presented

in

the

Page: 3 of 3

materials

before

the

court

and

argument would not aid the decisional process.
DISMISSED

3