US v. Gary Debenedetto
Filing
UNPUBLISHED PER CURIAM OPINION filed. Motion dispositions in opinion--denying Motion for bail/release pending appeal (Local Rule 9(a) and (b)) [999664324-2]; denying Motion for writ of mandamus (FRAP 21) [999664328-2]. Originating case number: 5:14-hc-02172-BR. Copies to all parties and the district court. [999720964]. Mailed to: Appellant. [15-7352]--[Edited 12/18/2015 by LDJ]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 15-7352
UNITED STATES OF AMERICA,
Petitioner - Appellee,
v.
GARY DEBENEDETTO,
Respondent - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
W. Earl Britt, Senior
District Judge. (5:14-hc-02172-BR)
Submitted:
December 15, 2015
Before GREGORY
Circuit Judge.
and
FLOYD,
Decided:
Circuit
Judges,
December 18, 2015
and
DAVIS,
Senior
Dismissed by unpublished per curiam opinion.
Gary Debenedetto, Appellant Pro Se.
Jennifer Dee Dannels, FMC
BUTNER
FEDERAL
MEDICAL
CENTER,
Butner,
North
Carolina,
Jennifer P. May-Parker, Assistant United States Attorney, Thomas
Gray Walker, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh,
North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Gary Debenedetto seeks to appeal the district court’s order
civilly committing him to the care and custody of the Attorney
General under 18 U.S.C. § 4246 (2012).
We dismiss the appeal
for lack of jurisdiction because the notice of appeal was not
timely filed.
When the United States or its officer or agency is a party,
the notice of appeal must be filed no more than 60 days after
the
entry
of
the
district
court’s
final
judgment
or
order,
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).
“[T]he timely
filing of a notice of appeal in a civil case is a jurisdictional
requirement.”
Bowles
v.
Russell,
551
U.S.
205,
214
(2007);
see 18 U.S.C. §§ 4241-47 (2012) (setting forth procedures for
involuntary civil commitment of federal detainees).
The district court’s order was entered on the docket on
November 6, 2014.
2015. *
The notice of appeal was filed on August 20,
Because Debenedetto failed to file a timely notice of
appeal or to obtain an extension or reopening of the appeal
*
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,
276 (1988).
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period, we dismiss the appeal.
bail
or
release
pending
Pg: 3 of 3
We deny Debenedetto’s motion for
appeal
and
petition
for
a
writ
of
mandamus and dispense with oral argument because the facts and
legal
before
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
DISMISSED
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