Joseph Pirela v. Angel Miranda
Filing
UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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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