Filed: Dec. 18, 2015
Latest Update: Mar. 02, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7352 UNITED STATES OF AMERICA, Petitioner - Appellee, v. GARY DEBENEDETTO, Respondent - Appellant.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 Decided: December 18, 2015 Before GREGORY and FLOYD, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opi
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7352 UNITED STATES OF AMERICA, Petitioner - Appellee, v. GARY DEBENEDETTO, Respondent - Appellant.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 Decided: December 18, 2015 Before GREGORY and FLOYD, Circuit Judges, and DAVIS, Senior Circuit Judge. Dismissed by unpublished per curiam opin..
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UNPUBLISHED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 Decided: December 18, 2015
Before GREGORY and FLOYD, Circuit Judges, and DAVIS, Senior
Circuit Judge.
Dismissed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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. The notice of appeal was filed on August 20,
2015. * 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. We deny Debenedetto’s motion for
bail or release pending appeal and petition for a writ of
mandamus and 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
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