Joseph Pirela v. Angel Miranda


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:15-cv-00607-D Copies to all parties and the district court/agency. [999948102]. Mailed to: appellant. [16-1815]

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Appeal: 16-1815 Doc: 9 Filed: 10/17/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-1815 JOSEPH PIRELA, Plaintiff - Appellant, v. ANGEL JOSE MIRANDA; LYDIA NICOLE ROBERTS; ETHIEL CALDERON, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, Chief District Judge. (5:15-cv-00607-D) Submitted: October 13, 2016 Decided: October 17, 2016 Before NIEMEYER, DUNCAN, and WYNN, Circuit Judges. Dismissed by unpublished per curiam opinion. Joseph Pirela, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-1815 Doc: 9 Filed: 10/17/2016 Pg: 2 of 2 PER CURIAM: Joseph Pirela seeks to appeal the district court’s order dismissing his § 1915(e)(2)(B) complaint as frivolous (2012). We dismiss pursuant the appeal to 28 for U.S.C. lack of jurisdiction because the notice of appeal was not timely filed. Parties are accorded 30 days after the entry of the district court’s final judgment or order to note an appeal, Fed. R. App. P. 4(a)(1)(A), 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). The district court’s order was entered on the docket on June 9, 2016. The notice of appeal was filed on July 18, 2016. Because Pirela failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. DISMISSED 2

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